L.A.R. 39.3: Taxation of Reproduction Costs

The cost of printing or otherwise producing necessary copies of briefs and appendices are taxable as follows:

(a) Number of Briefs. Costs will be allowed for ten (10) copies of each brief required to be filed with the court, two copies for the prevailing party, and one (1) copy for each party separately represented, unless the court directs a greater number of briefs to be filed. If costs are claimed for providing paper copies to parties who have consented to electronic service, and the certificate of service does not state that paper copies were provided, the clerk may require proof that paper copies were actually supplied.

(b) Number of Appendices. Costs will be allowed for four (4) copies of the appendix required to be filed with the court plus one (l) copy for each party separately represented, unless the court directs a greater number of appendices to be filed. If costs are claimed for providing paper copies to parties who have consented to electronic service and the certificate of service does not state that paper copies were provided, the clerk may require proof that paper copies were actually supplied.

(c) Costs of Reproduction of Briefs and Appendices. In taxing costs for printed or photocopied briefs and appendices, the clerk will tax costs at the following rates, or at the actual cost, whichever is less, depending upon the manner of reproduction or photocopying:

(1) Reproduction (whether by offset or typography):

Reproduction per page $ 4.00 (for 20 copies or less)

Covers (for 20 copies or less) $50.00

Binding per copy $ 4.00

Sales tax Applicable Rate

(2) Photocopying (whether in house or commercial):

Reproduction per page $ .10 per copy

Binding per copy $ 4.00

Covers $40.00 (for 20 copies or less)

Sales Tax Applicable Rate

(3) In the event a party subsequently corrects deficiencies in either a brief or appendix pursuant to 3d Cir. L.A.R. Misc. 107.3 and that party prevails on appeal, costs which were incurred in order to bring the brief or appendix into compliance may not be allowed.

(d) Other Costs. No other costs associated with briefs and appendices, including the costs of typing, word processing, preparation of tables and footnotes, and electronic filing will be allowed for purposes of taxation of costs.

Sales tax will be included in the costs only when actually paid to a commercial photocopying service. No substantive change from prior Court Rule 20.1 is intended. Amended in 2011 to conform to L.A.R. 31 regarding copies to be served on opposing counsel and to clarify that costs for reproduction of paper briefs for opposing parties are recoverable only if paper briefs are actually provided.