Federal Circuit Rule 39: Costs

(a) Notice of Entitlement to Costs.

When the clerk of court provides notice of judgment or order disposing of an appeal, the clerk of court must advise which party or parties are entitled to costs. Notice of entitlement to costs may be made in the judgment, in the order disposing of the appeal, or on the docket.

(b) Bill of Costs; Objection.

A party must file the bill of costs on the form prescribed by the court.

An objection to the bill of costs must not exceed 1,300 words if prepared using a computer or five (5) pages otherwise. Any objection must include a certificate of compliance that adheres to Federal Rule of Appellate Procedure 32(g)(1).

(c) Rates.

The clerk of court is authorized to set a maximum rate at which costs may be taxed. In setting the maximum rate, the clerk of court will evaluate the most economical means of printing, reproduction, and binding available in the Washington, D.C. metropolitan area. The maximum rates set will be posted on the court’s website and included as an attachment to the court’s published Federal Rules of Practice and Bill of Costs form. Costs are taxed at the maximum rate or at the actual cost, whichever is lower. Costs may not be taxed for more paper copies than those required by Federal Circuit Rules 25(c)(3), 30(a)(3), and 31(b).

(d) Taxable Costs.

A motion for leave providing specific explanation and justification must accompany the bill of costs if costs for items not described in Federal Rule Appellate Procedure 39(e) are sought or if costs are sought at a rate higher than the allowable costs.

(e) Costs in Favor of Intervenors.

No costs will be taxed in favor of intervenors without leave of the court.

Practice Notes to Rule 39

Costs When the United States Is a Party.

28 U.S.C. § 2412(a) authorizes costs to be taxed against the United States; thus, costs (as defined in 28 U.S.C. § 1920) may be awarded both for and against the United States in this court.

Allowable Costs.

The costs of correcting a nonconforming brief or appendix are not taxable. Counsel are urged to stipulate to costs.

Payment of Costs Taxed.

Pay the party or parties in whose favor costs are taxed by submitting payment to counsel for the party or to the party if the party is unrepresented. The court is not involved in collection matters.

Costs in a Case Involving a Claim Under the Uniformed Services Employment and Reemployment Rights Act of 1994.

No costs are taxed if the underlying appeal involved a claim under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). 38 U.S.C. §§ 4323, 4324. The petitioner must complete Federal Circuit Form 6B to inform the court that the case involves a claim under USERRA.

Form for Bill of Costs.

Using Federal Circuit Form 24 satisfies the Bill of Costs form requirements under Federal Circuit Rule 39(b).