Delaware § 5101 - Defendant or prevailing party in law actions.

Full text of Delaware Delaware Code § 5101 — Defendant or prevailing party in law actions., with citation guidance and answers to common questions.

§ 5101. Defendant or prevailing party in law actions.

In a court of law, whether of original jurisdiction or of error, upon a voluntary or involuntary discontinuance or dismissal of the action, there shall be judgment for costs for the defendant. Generally a party for whom final judgment in any civil action, or on a writ of error upon a judgment is given in such action, shall recover, against the adverse party, costs of suit, to be awarded by the court.

Code 1852, §  2525;  Code 1915, §  4444;  Code 1935, §  4902;  10 Del. C. 1953, §  5101; 

Source: official Delaware text · Last verified 2026-08-27

Frequently Asked Questions About Delaware § 5101

What does Delaware Code § 5101 cover?

Section 5101 ("Defendant or prevailing party in law actions.") is part of the Delaware Code, the codified statutory law of Delaware. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Delaware § 5101?

A common citation format is "Delaware Code § 5101" (Delaware). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Delaware law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Delaware official source linked on this page or consult a licensed Delaware attorney.

How does Delaware § 5101 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Delaware can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Delaware.