Local Rule Rule 54.2: TAXATION OF COSTS

Rule 54.2 TAXATION OF COSTS

(a) Filing Bill of Costs. Within fourteen (14) days from entry of a final judgment for which costs are allowed to the prevailing party, the party shall prepare and file a bill of costs (other than attorney's fees) on AO form 133 (https://www.wyd.uscourts.gov/sites/wyd/files/forms/AO_133.pdf ). Bills of cost shall include an itemized schedule of costs incurred, documentation for all costs claimed, and a statement that such schedule is correct and charges were actually and necessarily incurred in accordance with 28 U.S.C. § 1920.

(b) Objections to Bills of Costs. If no objections are filed within fourteen (14) days after service of the bill of costs, the Clerk of Court shall tax the costs which appear properly claimed. If objections are timely filed, the Clerk of Court shall consider the objections. Review by the Court may be sought pursuant to Fed. R. Civ. P. 54(d).

(c) Witnesses and Experts. Witnesses, both fact and expert, shall be entitled to fees as provided by statute to be taxed as costs in the case. Requests for witness fees must include:

(1) the name of the witness;

(2) the location of residence or business;

(3) the dates the witness actually testified in Court; and

(4) the number of days the witness traveled to and from the place of trial or hearings, the exact number of miles traveled and the actual cost of any common carrier transportation incurred.

(d) Clerk of Court Taxing Witness Fees. The Clerk of Court shall tax the witness fees after the bill of costs is filed, provided the information contained therein corresponds with the official records of the Court. If there is a discrepancy between the bill of costs and the official court records, the Clerk of Court shall tax the witness fees in accordance with the official court records.

(e) Costs in Removed Cases. In cases removed from state courts, the costs incurred in the state courts by the prevailing party shall be taxed upon filing a bill of costs with the Clerk of Court.

(f) Items Taxable as Costs. It shall be the policy of the Court to allow certain items of costs and disallow other items, as specified in any order of the Court:

(1) Fees of the Clerk of Court and United States Marshal. The filing fees paid to the Clerk of Court shall be taxable with the exception of Pro Hac Vice fees.

Fees of the United States Marshal, as set forth in 28 U.S.C. § 1921, shall be taxable. The costs for service by a sheriff or other authorized person shall be taxable, except that counsel have the duty to mitigate costs by having process served by a person located as closely as possible to the person to be served, in order to minimize mileage fees.

(2) Fees of Court Reporter.

(A) Transcripts of trial proceedings obtained for the purposes of preparing proposed findings of fact and conclusions of law, when directed by the Court in trials to the Court, shall be taxable to the prevailing party.

(B) Daily transcripts of trial proceedings obtained for the convenience of counsel are not taxable as costs unless advance authority has been sought and obtained from the Court.

(C) Costs of depositions, regardless of medium, are taxable if the deposition(s) are reasonably necessary for use in the case. Examples which may be reasonably necessary include, but are not limited to, circumstances where portions thereof were utilized or read into evidence at trial in lieu of the appearance of the deponent, if the deposition is used at trial to impeach a witness with his/her prior testimony, is necessarily used to refresh a witness's recollection from his/her deposition testimony, or is used in support of or in opposition to any dispositive motion. Costs of the taxing party's copies of depositions taken by the opponent and utilized or read into evidence at trial in lieu of the appearance of a witness are taxable. This Court has entered an order setting the transcript rates which are allowed for official transcripts in this Court. Those fees are hereby adopted as the maximum taxable transcription fees notwithstanding what fee may have been charged to the party by the court reporter. A copy of the order setting the transcription rates may be obtained from the Clerk of Court or https://www.uscourts.gov/services-forms/federal-court-reporting-program.

The attendance fee of the court reporter or videographer is taxable. Extra fees charged by court reporters for mileage, per diem, expeditious handling, etc., shall not be taxable unless advance authorization was sought and received from the Court.

(3) Witness Fees. Unless otherwise ordered, witness fees are allowed for each day of testimony and necessary attendance at trial. Counsel shall be expected to justify the witness fee for any days which the courtroom minutes do not reveal that a particular witness testified. In addition, a subsistence fee may be allowed for each day that the witness is so far removed from his or her residence as to prohibit return thereto from day-to-day. Such subsistence shall be determined pursuant to the governmental rate in effect at the time. Witness fees are taxable whether or not a subpoena was issued.

(A) Witnesses within the jurisdiction of this Court are entitled to a mileage fee for going to and from their place of residence. The mileage fee shall be the same as that to which federal government employees would be entitled.

(B) Witnesses attending from outside the jurisdiction of this Court shall be allowed the same mileage fee as set forth in (3)(A) above, up to the maximum amount of seven hundred fifty (750) miles, one way, which is the maximum mileage which may be assessed within the jurisdiction.

(C) Provided, however, that witnesses shall be allowed the lesser amount of the cost of common carrier transportation or mileage as set forth above.

(D) Parties and party representatives are not entitled to witness fees.

(4) Exemplification and Copies of Materials. Fees for exemplification and the costs of making copies of any materials reasonably necessary for use in the case may be recoverable. The Bill of Costs must identify the number of copies obtained, the cost of those copies and an explanation why they were necessary for use in the case. The cost(s) for certification or proof of nonexistence of a document is taxable.

(5) Maps, Charts, Models, Photographs. The cost of photographs, eight (8) x ten (10) inches in size or less, is taxable, if the photographs are admitted into evidence. Enlargements greater than eight (8) x ten (10) inches are not taxable except by order of the Court. Costs of maps, charts, and models are not taxable except by order of the Court. The bill of costs must reference the exhibit number(s).

(6) Docket Fees to Attorneys. Attorney's docket fees are taxable in accordance with 28 U.S.C. § 1923.

(7) Fees to Masters, Receivers and Commissioners. Fees to masters, receivers and commissioners are taxable as costs, unless otherwise ordered by the Court.

(g) Costs Not Expressly Authorized. When costs are sought for items not authorized by this rule, the parties must seek written approval in advance of trial.

(h) Costs Taxed by Court of Appeals [Fed. R. App. P. 39(d)]. Any costs taxed in the mandate of the Court of Appeals shall be entered by the Clerk of Court.

(i) Costs on Appeal in District Court [Fed. R. App. P. 39(e)]. All costs taxable under Fed. R. App. P. 39(e) shall be deemed waived unless the party entitled thereto files a bill of costs in accordance with paragraph (a) of this Local Rule, within fourteen (14) days of the issuance of the mandate by the Court of Appeals.