Local Rule LR Cv 54: COSTS

LR Cv 54 COSTS

(a) Timing of Request. Within 14 days after entry of judgment, a party seeking an award of costs shall file and serve on all other parties a bill of costs. Failure to file a bill of costs within that time shall constitute a waiver of any claim for costs unless the Court otherwise orders, for good cause shown.

(b) Form of Request.

(1) A bill of costs shall be prepared on forms provided by the Clerk's Office and shall specify each item of costs claimed.

(2) A bill of costs shall be supported by a memorandum of law and an affidavit that:

(A) the amounts listed in the bill of costs are correct; and

(B) all services reflected in the bill of costs were actually performed and were necessary to the presentation of the applicant's case; and

(C) all disbursements reflected in the bill of costs represent obligations actually incurred and necessary to the presentation of the applicant's case; and

(D) all costs are properly claimed and allowable.

(c) Taxation by Clerk. The taxation of costs shall be in accordance with Fed. R. Civ. P. 54(d)(1). The Clerk shall notify all parties of the costs allowed.

(d) Motion to Review the Clerk's Action. The taxation of costs by the Clerk shall be final unless modified by the Court. Any challenge to the costs taxed by the Clerk shall be in the form of a motion, which motion shall be served and filed within 7 days after notification pursuant to subsection (c) of this Rule, and shall state the reason for the challenge and the authorities upon which the moving party relies. Within 7 days of the filing of the motion, any party objecting to the motion may file a response.

(e) Resolution of Motion. Within 14 days after a motion to review the Clerk's action is filed, all interested parties shall meet and confer in an effort to resolve the motion. The meeting shall be initiated by the moving party, who shall notify the Court promptly as to whether the issues have been resolved. If all issues have been resolved, the parties shall promptly submit a proposed order. If all issues have not been resolved, the Court will make a final determination with respect to the taxation of costs.

Effective 12/1/17: §(d) amended. Effective 12/1/16: §(c) amended. Effective 12/1/11: The numerical references in this rule were altered as part of the restyling of numerical references throughout the Local Rules. Effective 1/3/11: §§(a)-(e) amended. Effective 6/16/10: Notice of Errata correcting §§(a), (d), and (e). Effective 12/1/09: §§(a), (d), and (e) amended.

CROSS-REFERENCES See 28 U.S.C. §1924 (affidavit in support of each item of costs). See also LR Cv 54.1 (Attorneys' Fees); LR Cv 62 (Bonds); and LR Cv 65.1 (Security and Sureties).