§ 9.4.2 TRIAL COURT DISCRETION

• Jurisdiction: Arizona

§ 9.4.2 Trial Court Discretion

As previously noted, the rule allowing the successful civil litigant to recover its costs is mandatory and does not appear to permit the trial court discretion to deny costs to a successful party. See § 9.3.1.2, A.R.S. § 12-341 Mandatory Recovery for Successful Party, supra. The trial court does have a substantial degree of discretion, however, to determine which party was successful and what portion of its expenses were incurred reasonably and should be taxed as costs. Assyia v. State Farm Mut. Auto Ins. Co., 229 Ariz. 216, 223, 273 P.3d 668, 675 (App. 2012); see also Fulton Homes Corp. v. BBP Concrete 214 Ariz. 566, 572, 155 P.3d 1090, 1096 (App...