Costs

(a) Entitlement to costs The prevailing party in an original proceeding is entitled to costs if the appellate division judge resolves the proceeding after issuing an alternative writ, an order to show cause, or a peremptory writ in the first instance. (b) Award of costs (1) In the interests of justice, the appellate division judge may award or deny costs as the court deems proper. (2) The opinion or order resolving the proceeding must specify the award or denial of costs. (3) Rule 8.891(b)-(d) governs the procedure for recovering costs under this rule. Rule 8.977 adopted effective January 1, 2016.