Rule 39 Costs

(a) To Whom Allowed. Except as otherwise provided by law, if an appeal is dismissed, costs may be taxed against the appellant unless otherwise agreed by the parties or ordered by the appellate division; if a judgment is affirmed, cost may be taxed against the appellant unless otherwise ordered; if a judgment is reversed, costs may be taxed against the appellee unless otherwise ordered; if a judgment is affirmed or reversed in part, or is vacated, costs may be allowed only as ordered by the appellate division.

(b) Costs For and Against the American Samoa Government or the United States. In cases involving the America Samoa Government or the United States or an agency or officer thereof, if an award or costs against the American Samoa Government or the United States is not prohibited by law, costs may be awarded in accordance with the provisions of subdivision (a).

(c) Costs of Briefs, Appendices, and Copies of Records. The cost of producing necessary copies of briefs, appendices, and copies of records shall be taxable in the appellate division at rates not higher than those generally charged for such work in American Samoa.

(d) Bill of Costs; Objections; Cost to be Inserted in Mandate or Added Later. A party who desires such costs to be taxed shall state them in an itemized and verified bill of costs which he shall file with the clerk, with proof of service, within 14 days after the entry of judgment. Objection to the bill of costs must be filed within 10 days of service on the party against whom costs are to be taxed unless the time is extended by the appellate division or judge thereof. The clerk shall prepare and certify an itemized statement of costs taxed in the appellate division for insertion in the mandate, but the issuance of the mandate shall not be delayed for taxation of costs and if the mandate has been issued before final determination of costs, the statement, or any amendment thereof, shall be added to the mandate at the direction of the clerk of court.

(e) Costs on Appeal Taxable in the Trial Court. Costs incurred in the preparation and transmission of the record, the cost of the reporter’s transcript, if necessary for the determination of the appeal, the premiums paid for cost of supersedeas bonds or other bonds to reserve rights pending appeal, and the fee for filing the notice of appeal shall be taxed in the trial court as costs of the appeal in favor of the party entitled to costs under this rule when ordered by the appellate division or a judge thereof.