Local Rule Civil Rule 54.1: COSTS AND ATTORNEY'S FEES

CIVIL RULE 54.1 COSTS AND ATTORNEY'S FEES

(A) COSTS

(1) DISTRICT COURT COSTS The parties must serve and file a voluntary agreement with respect to taxable costs in the form of a written stipulation. If the parties are unable to stipulate to the costs, the court will apply the following procedures unless otherwise ordered by the court.

A party seeking an award of costs must serve and file a motion for costs no later than fourteen (14) days after entry of judgment. The motion must be accompanied by a verified statement of costs that contains (1) for each category of costs being claimed, a detailed breakdown of each item of claimed costs within the category with sufficient description so the item can be readily understood, (2) a brief citation to the statutory or other legal authority that provides for recovery of the category of claimed costs, and (3) supporting documents the moving party relies upon to establish the claim of costs.

The moving party's attorney must verify the statement of costs by affirming the items are correct, the services were actually and necessarily performed, and the disbursements were necessarily incurred. A party's failure to comply with this rule may be deemed a waiver of the claim for costs.

Each party objecting to the claimed costs must serve and file a response within fourteen (14) days of service or filing of the motion that (1) sets forth specific objections to each item of disputed cost, along with a citation to authority for not awarding the item or category of cost, and (2) includes as exhibits supporting documents relied upon to contest the claim of costs. A party's failure to object to a specific item of cost may be deemed a waiver of an objection to the claimed item.

Within seven (7) days after the response is served and filed, the moving party may file a reply.

The clerk will tax as part of a judgment only those costs that are awarded by the court or that have been agreed upon by the parties in a stipulation filed with the clerk. Filing a motion for costs does not affect the finality and appealability of the final judgment previously entered.

(2) COSTS ON APPEAL TAXABLE IN THE DISTRICT COURT The court will tax costs allowable under Fed. R. App. P. 39(e) in accordance with this rule if a verified statement of costs is served and filed within fourteen (14) days of the issuance of a mandate by the court of appeals.

(B) ATTORNEY'S FEES

(1) The time periods and other procedures in this rule, including filing a verified statement of fees and expenses along with supporting documents, apply to a claim for attorney's fees and related nontaxable expenses under Fed. R. Civ. P. 54(d)(2), unless the recovery of attorney's fees and expenses is sought against the United States.

(2) If recovery of attorney's fees is sought against the United States, a party must serve and file a motion as provided in 28 U.S.C. § 2412(d)(1)(B). The United States has fourteen (14) days from service and filing of the motion to respond. Within seven (7) days after the response is served and filed, the moving party may file a reply, but additional documents may be filed only upon court order for good cause shown.