|F.R.Civ.P. 54. Judgments; Costs |
L.R. 54-1 In General . Unless otherwise ordered by the Court, a prevailing party shall be entitled to costs.
L.R. 54-2 Prevailing Party Defined
L.R. 54-2.1 Recovery on Complaint . The plaintiff is the prevailing party when it recovers on the entire complaint.
L.R. 54-2.2 Dismissal or Judgment in Favor of Defendant . The defendant is the prevailing party when the proceeding is terminated by court-ordered dismissal or judgment in favor of defendant.
L.R. 54-2.3 Partial Recovery . The Court shall determine the prevailing party when there is a partial recovery or a recovery by more than one party.
L.R. 54-2.4 Voluntary Dismissal . Upon request for good cause shown, the Court shall determine the prevailing party when the case is voluntarily dismissed or otherwise voluntarily terminated.
L.R. 54-3 Bill of Costs - Filing and Form - Notice . The prevailing party who is awarded costs shall have fifteen (15) days after entry of judgment to file and serve a Bill of Costs on Form AO 133 and in accordance with the instructions on said form. The Bill of Costs shall be attached to a Notice of Application to the Clerk to Tax Costs.
L.R. 54-3.1 Form of Notice . The Notice of Application to the Clerk to Tax Costs shall state the hour and date when such application will be made.
L.R. 54-3.2 Time of Application . The date and time for taxation of costs by the Clerk shall be not less than fourteen (14) nor more than twenty-one (21) days from the date notice is given to the other parties. If no objections to the bill of costs are filed, then no appearance by counsel is required.
L.R. 54-4 Items Taxable as Costs . The following items are taxable as costs:
L.R. 54-4.1 Filing Fees . The Clerk's filing fees.
L.R. 54-4.2 Fees for Service of Process . Fees for service of process (whether served by the United States Marshal or other persons authorized by F.R.Civ.P. 4) and for service of subpoenas pursuant to F.R.Civ.P. 45.
L.R. 54-4.3 United States Marshal's Fees . Fees paid to the United States Marshal, including:
(a) Fees paid pursuant to 28 U.S.C. § 1921;
(b) Charges connected with caring for property attached, replevied, libeled, or held pending stay or execution; and
(c) The United States Marshal's commission on collections paid to creditors. That commission shall be 1 percent of the amount up to $1,000.00, and 1/2 of 1 percent on the amount in excess of $1,000, but not less than $2.50 for any collection.
L.R. 54-4.4 Clerk's Fees . Fees for certification of documents necessary for preparation for a hearing or trial.
L.R. 54-4.5 Reporter's Transcripts . The cost of the original and one copy of all or any part of a trial transcript, daily transcript or a transcript of matters occurring before or after trial, if requested by the Court or prepared pursuant to stipulation.
L.R. 54-4.6 Depositions . Costs incurred in connection with taking oral depositions, including:
(a) The cost of the original and one copy of the transcription of the oral portion of all depositions used for any purpose in connection with the case, but not including the cost of videotaped or recorded depositions unless otherwise ordered by the Court;
(b) The reasonable fees of the deposition reporter, the notary, and any other persons required to report or transcribe the deposition, but not including the costs of video or audio technicians unless otherwise ordered by the Court;
(c) Reasonable witness fees paid to a deponent, including fees actually paid to an expert witness deponent pursuant to F.R.Civ.P. 26(b)(4)(C). However, such fees do not include expert witness fees paid to a trial witness in excess of the statutory witness fee unless otherwise ordered by the Court;
v (d) Reasonable fees paid to an interpreter when necessary to the taking of the deposition; and
v (e) The cost of copying or reproducing exhibits used at the deposition and made a part of the deposition transcript.
L.R. 54-4.7 Witness Fees . Statutory witness fees paid to witnesses, including:
(a) Per diem, mileage, subsistence and attendance fees as provided in 28 U.S.C. § 1821 paid to witnesses subpoenaed and/or actually attending the proceeding;
(b) Witness fees for a party if required to attend by an opposing party; and
(c) Witness fees for officers and employees of a corporation or other entity if they are not parties in their individual capacities.
L.R. 54-4.8 Interpreter's and Translator's Fees . Fees paid to interpreters and translators, including:
(a) The salaries, fees, expenses, and costs of an interpreter as provided by 28 U.S.C. §§ 1827 and 1828; and
(b) Fees for translation of documents received in evidence, used as part of the proceeding or when otherwise reasonably necessary to the preparation of the case.
L.R. 54-4.9 Docket Fees . Docket fees as provided by 28 U.S.C. § 1923.
L.R. 54-4.10 Masters, Commissioners and Receivers . The reasonable fees and expenses of masters, commissioners, and receivers.
L.R. 54-4.11 Certification, Exemplification and Reproduction of Documents . Document preparation costs, including:
(a) The cost of copies of an exhibit attached to a document necessarily filed and served;
(b) The cost of copies of documents admitted into evidence when the original is not available or the copy is substituted for the original at the request of an opposing party;
(c) Fees for an official certification of proof respecting the non-existence of a document or record;
(d) Patent Office charges for the patent file wrappers and prior art patents necessary to the prosecution or defense of a proceeding involving a patent;
(e) Notary fees incurred in notarizing a document when the cost of the document is taxable; and
(f) Fees for necessary certification or exemplification of any document.
L.R. 54-4.12 Premiums on Undertakings and Bonds . Premiums paid on undertakings, bonds, security stipulations, or substitutes therefor, where required by law or Court order, or where necessary to enable a party to secure a right granted in the proceeding.
L.R. 54-4.13 Other Costs . Upon order of the Court, the following items may be taxed as costs:
(a) Summaries, computations, polls, surveys, statistical comparisons, maps, charts, diagrams, and other visual aids reasonably necessary to assist the jury or the Court in understanding the issues at the trial;
(b) Photographs, if admitted in evidence or attached to documents necessarily filed and served upon the opposing party; and
(c) The cost of models.
L.R. 54-4.14 State Court Costs . Costs incurred in state court prior to removal which are recoverable under state statutes shall be recoverable by the prevailing party in this Court.
L.R. 54-5 Costs on Appeal . Costs on appeal taxable in the District Court shall be governed by F.R.App.P. 39(e). Such cost bill is to be filed within fifteen (15) days of the filing and spreading of the mandate of the Court of Appeals in the District Court.
L.R. 54-6 Costs on a Bankruptcy Appeal to the District Court . A cost bill on a bankruptcy appeal decided in the District Court is to be filed within fifteen (15) days of the entered date of the order deciding a bankruptcy appeal. The following are taxable as costs for bankruptcy appeals decided by the District Court:
(a) The costs of printing or otherwise reproducing briefs or excerpts of the record. A statement by counsel that the cost is no higher than generally charged for such reproduction in the local area and that no more copies than what was actually necessary were reproduced shall be required;
(b) The cost of the preparation and transmission of the record;
(c) If supersedeas or other bonds were purchased in order to preserve rights pending appeal, the premium paid for such bonds; and
(d) Any Clerk's fees which have actually been paid.
L.R. 54-7 Objections to Bill of Costs - Response . Any party may file and serve written objections to any item specified in a Bill of Costs. The grounds for objection shall be specifically stated. The objections shall be filed and served not later than seven (7) days before the date noticed for the application. A written reply may be filed and served not later than three (3) days before the date noticed for the application.
L.R. 54-8 Clerk's Determination - Finality . After considering any objections to the Bill of Costs and any responses thereto, the Clerk shall tax costs to be included in the judgment. The Clerk's determination shall be final unless modified by the Court upon review pursuant to L.R. 54-9. The Clerk may specify the form of the hearing and determine whether and when telephone appearances will be permitted.
L.R. 54-9 Review of Clerk's Determination . Review of the Clerk's taxation of costs may be obtained by a motion to retax costs filed and served within five (5) days of the Clerk's decision. That review will be limited to the record made before the Clerk, and encompass only those items specifically identified in the motion.
L.R. 54-10 Clerk's Duty . As soon as practicable after the taxation of costs becomes final, the Clerk shall insert the amount into the blank left in the judgment for that purpose, and shall enter a similar notation on the docket sheet.
L.R. 54-11 Writ of Execution for Costs . The Clerk shall, upon request, issue a writ of execution to recover costs or attorney's fees included in the judgment:
(a) Upon presentation of a certified copy of the final judgment in the District Court; or
(b) Upon presentation of a mandate of the Court of Appeals to recover costs taxed by the appellate court.
L.R. 54-12 Filing Date for Attorneys' Fees . Any motion or application for attorneys' fees shall be served and filed within fourteen (14) days after the entry of judgment or other final order, unless otherwise ordered by the Court. Such motions and their disposition shall be governed by L.R. 7-3, et seq.