§ 9.3.1.1 NATURE OF COSTS AS DAMAGES

• Jurisdiction: Arizona

§ 9.3.1.1 Nature of Costs as Damages

Costs are in the nature of incidental damages and, as such, are allowed to indemnify a party against the expense of successfully asserting its rights in court. Estate of Stavro, 17 Ariz. App. 257, 262, 497 P.2d 77, 82 (1972); State v. Griswold, 8 Ariz. App. 361, 364, 446 P.2d 467, 470 (1968). In general, costs are "creatures of statute" and are not recoverable unless provided for by statute. Griswold, 8 Ariz. App. at 364, 446 P.2d at 470.

However, the court may award...