HRS §607-16
Who pays court costs on appeal and how they are offset
This section says that when a person who appeals wins, they can include the lower court costs in the costs they get. If one side wins money but the other side wins costs, the court subtracts the costs from the money and gives a judgment for the difference.
courts
The statute, as written — In both courts, when; set off against judgment, when
Whenever costs are awarded to the appellant, the appellant shall be allowed to tax as part thereof, the costs in the lower court, in addition to the costs of the court appealed to. If, upon an appeal, a recovery for any debt or damages is had by one party, and costs are awarded to the other party, the court shall set off such costs against such debt or damages, and render judgment for the balance. [CC 1859, §1014; RL 1925, §2553; RL 1935, §3802; RL 1945, §9756; RL 1955, §219-16; HRS §607-16; am L 1972, c 88, §5(r); gen ch 1985]
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