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  Bill of Costs Filing Guide

A Bill of Costs form is prepared by the prevailing party in a civil case. The Bill of Costs should reflect all costs incurred by the party, including the applicable filing fee if the plaintiff is the prevailing party. If the United States is the prevailing plaintiff, the government’s attorney may claim the appropriate filing fee on the Bill of Costs, even though the United States is exempt from paying a filing fee [28 USC § 2412(a)(2)]. The District Clerk’s Office does not monitor fees or costs incurred except for the filing fee remitted to this Court.

The following fees and costs are listed on the Bill of Costs as taxable items:

  • Fees of the Clerk
  • Fees for service of summons and subpoena
  • Fees of the court reporter for all or part of the transcript necessarily obtained in the case
  • Fees and disbursements for printing
  • Fees for witnesses (itemized)
  • Fees for exemplification and copies of papers necessarily obtained for use in the case
  • Docket fees under 28 USC § 1923
  • Costs as shown on Mandate of Court of Appeals
  • Compensation of court-appointed experts
  • Compensation of interpreters and costs of special interpretation services under 28 USC § 1828
  • Other costs (itemized)

Only the original Bill of Costs form is required for filing. It must be filed in the division where the judgment was rendered and served on any party entitled to such service no later than 14 days after the clerk enters the judgment on the docket [see LR 54.1]. Unless another date is specified by the Court, the Bill of Costs will be taxed by the District Clerk’s Office twenty-four hours after filing. If an objection to the Bill of Costs is received before it is taxed, the Bill of Costs will not be taxed until the Court had reviewed the objection and permitted the Clerk to tax costs.

The action of the Clerk in taxing costs may be reviewed by the Court if a motion is received within five days after costs are taxed [see FRCP 54(d)].

Please note that "taxing" consists only of stamping, signing, and sealing the Bill of Costs form with the Court seal. The taxed Bill of Costs is then docketed and placed in the case file. The District Clerk’s Office is not responsible for collecting or assisting in collection of costs. A conformed copy of the Bill of Costs will be mailed to the requesting party only if an extra copy and a self-addressed, stamped envelope are provided to the District Clerk’s Office.

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