1. (a) In all civil actions, the party recovering judgment shall recover costs, except in those cases in which a different provision is made by law.

2. (b) In any civil action, the court may award attorney's fees as part of the cost to the prevailing party, if the court finds that either party:

   1. (1) brought the action or defense on a claim or defense that is frivolous, unreasonable, or groundless;
   2. (2) continued to litigate the action or defense after the party's claim or defense clearly became frivolous, unreasonable, or groundless; or
   3. (3) litigated the action in bad faith.

3. (c) The award of fees under subsection (b) does not prevent a prevailing party from bringing an action against another party for abuse of process arising in any part on the same facts. However, the prevailing party may not recover the same attorney's fees twice.

   [Pre-1998 Recodification Citation: 34-1-32-1.]

As added by P.L.1-1998, SEC.48.