DE · rules
Del. Ct. Com. Pl. Civ. R. 54
Judgment; costs
(a) Definition. “Judgment” as used in these Rules includes any order from which a writ of error or an
appeal lies.
(b) Judgment upon multiple claims. When more than 1 claim for relief is presented in an action, whether
as a claim, counterclaim, cross-claim, or third-party claim, the Court may direct the entry of a final
judgment upon one or more but fewer than all of the claims or parties only upon an express determination
that there is no just reason for delay and upon an express direction for the entry of judgment. In the
absence of such determination and direction, any order or other form of decision, however designated,
which adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties shall
not terminate the action as to any of the claims or parties, and the order or other form of decision is
subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and
liabilities of all the parties.
(c) Omitted.
(d) Costs. Except when express provision therefor is made either in a statute or in these Rules or in the
Rules of the Supreme Court, costs shall be allowed as of course to the prevailing party unless the Court
otherwise directs.
(e) Unnecessary costs. If at any time during the progress of an action it appears to the Court that the
amount claimed is exorbitant so that the opposite party is put to unnecessary expense in giving bond, or if
any party unnecessarily swells the record or otherwise causes unnecessary expense, the Court may, in its
discretion, order such unnecessary expense to be taxed against the party causing the same, without regard
to the outcome of the action.
(f) The fees paid court reporters for the Court’s copy of transcripts of depositions shall not be taxable
costs unless introduced into evidence. Fees for other copies of such transcripts shall not be taxable costs.
The production and playback costs associated with any videotape deposition may also be taxable as costs
if the video deposition is introduced into evidence.
(g) Witness fees for those testifying on deposition shall be the same as statutory witness fees for testifying
in Court and such fees shall be taxable as costs if the deposition is introduced into evidence.
(h) Expert witness fees. Fees for expert witnesses may be taxed as costs in the discretion of the Court.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- 2026-09-23
- Content hash
a394657429b3366f224a57611dee49f79c0c47da427953b11df20d42d68fc7d0
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