General recovery rule
Sec. 1. (a) In all civil actions, the party recovering judgment shall
recover costs, except in those cases in which a different provision is
made by law.
(b) In any civil action, the court may award attorney's fees as part
of the cost to the prevailing party, if the court finds that either party:
(1) brought the action or defense on a claim or defense that is
frivolous, unreasonable, or groundless;
(2) continued to litigate the action or defense after the party's
claim or defense clearly became frivolous, unreasonable, or
groundless; or
(3) litigated the action in bad faith.
(c) The award of fees under subsection (b) does not prevent a
prevailing party from bringing an action against another party for
abuse of process arising in any part on the same facts. However, the
prevailing party may not recover the same attorney's fees twice.
As added by P.L.1-1998, SEC.48.
Last modified: May 24, 2006