| 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 governments 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 Clerks
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 Clerks 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 Clerks 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 Clerks Office.
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