Local Rule 292: COSTS

RULE 292 (Fed. R. Civ. P. 54)

COSTS

(a) Rules for Taxing Costs. Costs shall be taxed in conformity with the provisions of 28 U.S.C. § 1920, and such other provisions of law as may be applicable.

(b) Filing of Cost Bill. Within fourteen (14) days after entry of judgment or order under which costs may be claimed, the prevailing party may serve on all other parties and file a bill of costs conforming to 28 U.S.C. § 1924. The cost bill shall itemize the costs claimed and shall be supported by a memorandum of costs and an affidavit of counsel that the costs claimed are allowable by law, are correctly stated, and were necessarily incurred. Cost bill forms shall be available from the Clerk upon request or on the Court's website.

(c) Objections. The party against whom costs are claimed may, within seven (7) days from date of service, file specific objections to claimed items with a statement of grounds for objection.

(d) Taxing Costs. If no objection is filed, the Clerk shall proceed to tax and enter costs. If objections are filed, they should state specific objections to claimed items with a statement of grounds thereof. The Clerk may require and consider further affidavits as necessary to determine allowable costs. The parties may request a hearing, in person or by telephone conference call, and the Clerk shall schedule the hearing as needed. Upon the taxation and entry of costs the Clerk shall serve notice thereof to all parties.

(e) Review. On motion filed and served within seven (7) days after notice of the taxing of costs has been served, the action of the Clerk may be reviewed by the Court as provided in Fed. R. Civ. P. 54(d). See L.R. 230.

(f) Items Taxable. Items taxable as costs include the following:

(1) Clerk's fees (28 U.S.C. §§ 1914, 1920(1));

(2) Marshal's fees and fees for service by a person other than the Marshal under Fed. R. Civ. P. 4 to the extent they do not exceed the amount allowable for the same service by the Marshal (28 U.S.C. §§ 1920(1), 1921);

(3) Court reporter's fees (28 U.S.C. § 1920(2));

(4) Docket fees (28 U.S.C. §§ 1920(5), 1923);

(5) Fees for exemplification and copies of papers necessarily obtained for use in the action (28 U.S.C. § 1920(4));

(6) Fees to masters, receivers, and commissioners (Fed. R. Civ. P. 53(a));

(7) Premiums on undertaking bonds or security required by law or by order of the Court or necessarily incurred by a party to secure a right accorded in the action;

(8) Per diem, mileage and subsistence for witnesses (28 U.S.C. § 1821);

(9) Compensation of Court-appointed experts, compensation for interpreters, and salaries, fees, expenses, and costs of special interpretation services (28 U.S.C. §§ 1828, 1920(6));

(10) Costs on appeal taxable in the District Court pursuant to Fed. R. App. P. 39(e); and

(11) Other items allowed by any statute or rule or by the Court in the interest of justice.

(g) Reimbursement of Pro Bono Costs. Costs shall be reimbursed to pro bono counsel representing pro se civil litigants in accordance with the rules and procedures set forth in General Order 510.