§ 25-21,158.Costs.
Article 21: Special Proceedings and Actions · Last amended 1929 · Last verified July 22, 2026
Full Text of § 25-21,158
Source
Laws 1929, c. 75, § 10, p. 258; C.S.1929, § 20-21,149; R.S.1943, § 25-21,158.
Plain-English Summary
Cost-shifting in ordinary litigation often follows a mechanical rule tied to who wins. Section 25-21,158 takes a different approach for declaratory judgment proceedings: in any proceeding under sections 25-21,149 to 25-21,164, the court may make such award of costs as may seem equitable and just.
That discretion fits the nature of declaratory relief. Because a declaratory action can settle a genuine, mutual uncertainty rather than assign blame between a wrongdoer and a victim, a strict winner-take-all approach to costs would not always fit the circumstances. The court weighs what is fair given how the case unfolded rather than applying a fixed formula.
Frequently Asked Questions
Does the losing party in a declaratory judgment case automatically pay the other side’s costs?
No. Section 25-21,158 gives the court discretion to award costs as may seem equitable and just, rather than setting a fixed rule tied to which side wins.
What proceedings does this cost rule cover?
Why does declaratory relief get a different costs rule than other civil cases?
Declaratory actions often resolve a shared uncertainty between parties rather than punish a wrongdoer, so the court’s equitable discretion over costs fits that setting better than a fixed formula.
Can a court decide that each party pays its own costs in a declaratory action?
The equitable and just standard in section 25-21,158 gives the court that kind of flexibility, depending on the circumstances of the case.
Is this costs provision mandatory or discretionary?
Discretionary. The section says the court "may" make an award of costs as seems equitable and just, leaving the decision to the court.