§ 34-52-1-2

(b) Except as provided in subsection (d), if the plaintiff recovers less than fifty dollars ($50) exclusive of costs, the plaintiff shall pay costs, unless the judgment has been reduced below fifty dollars ($50) by a set-off, or counter-claim, pleaded and proved by the defendant, in which case the party recovering judgment shall recover costs.(c) Except as provided in subsection (d), if the judgment is reduced below fifty dollars ($50) by proof of payments, the defendant shall recover costs.(d) If one (1) or more defendants, necessary to a full determination of the cause:(1) are nonresidents of the county in which the suit is brought but are residents of the state of Indiana; and(2) have been served with process in the action;the plaintiff shall recover costs even though the judgment recovered by plaintiff is less than fifty dollars ($50).[Pre-1998 Recodification Citation: 34-1-32-2.]As added by P.L.1-1998, SEC.48.