Circuit Rule 39: Costs

(a) Allowable Items. Costs will be allowed as set forth in FRAP 39. The costs of reproducing the required copies of briefs and appendices will be taxed at actual cost or at a rate periodically set by the clerk to reflect the per page cost for the most economical means of reproduction available in the Washington metropolitan area, whichever is less. Charges incurred for covers and binding may also be claimed, at actual cost not to exceed a rate similarly determined by the clerk. The rates set by the clerk will be published by posting in the clerk’s office and on the court’s web site, and publication in The Daily Washington Law Reporter.

(b) Procedure for Requesting Taxation of Costs. Forms furnished by the clerk’s office, or facsimiles thereof, must be used in requesting taxation of costs. Parties submitting bills of costs that are not itemized as required by the clerk or not presented on clerk’s office forms or reasonable facsimiles thereof will be directed to provide a conforming request.

(c) No Costs Taxed for Briefs for Amici or Intervenors. No taxation of costs for briefs for intervenors or amici curiae or separate replies thereto will be assessed unless allowed by the court on motion.

(d) Costs of Producing Separate Briefs and Appendices Where Record is Sealed. The costs under Circuit Rule 47.1 of preparing 2 sets of briefs, and/or 2 segments of appendices, may be assessed if such costs are otherwise allowable.