I guess I just consider smart-ass or cryptic answers to be rude. I am of the opinion that if you have nothing useful to contribute you need not respond to someone’s question. Sooner or later someone else will respond.
Longdrive: It is rare for costs to be awarded to a defendant.
The defendant would have to prove the suit was frivolous. In other words, that no reasonable person, after a proper inquiry into the law, would have believed the claim could succeed.
If an award of costs were not possible, people would deliberately file what they know is a losing claim, just to harass the defendant.
If an attorney files a frivolous claim he can be sanctioned as well.
It’s like our standard of having probable cause to arrest someone.
Longdrive: It is rare for costs to be awarded to a defendant.
The defendant would have to prove the suit was frivolous. In other words, that no reasonable person, after a proper inquiry into the law, would have believed the claim could succeed.
If an award of costs were not possible, people would deliberately file what they know is a losing claim, just to harass the defendant.
If an attorney files a frivolous claim he can be sanctioned as well.
It’s like our standard of having probable cause to arrest someone.