Local Rule Local Civil Rule 54.1: Taxable Costs

Local Civil Rule 54.1. Taxable Costs

(a) Notice of Taxation of Costs. Within 30 days after the entry of final judgment, or, in the case of an appeal by any party, within 30 days after the final disposition of the appeal, unless this period is extended by the court for good cause shown, any party seeking to recover costs must file with the clerk a notice of taxation of costs by ECF, except a pro se party may do so in writing, indicating the date and time of taxation which must comply with the notice period prescribed by Fed. R. Civ. P. 54, and annexing a bill of costs. Costs will not be taxed during the pendency of any appeal, motion for reconsideration, or motion for a new trial. Within 30 days after the determination of any appeal, motion for reconsideration, or motion for a new trial, the party seeking tax costs must file a new notice of taxation of costs. Any party failing to file a notice of taxation of costs within the applicable 30-day period will be deemed to have waived costs. The bill of costs must include an affidavit that the costs claimed are allowable by law, are correctly stated and were necessarily incurred. Bills for the costs claimed must be attached as exhibits.

(b) Objections to Bill of Costs. A party objecting to any cost item must serve objections by ECF, except a pro se party may do so in writing, before the date and time scheduled for taxation. The parties need not appear at the date and time scheduled for taxation unless requested by the clerk. The clerk will tax costs at the time scheduled and allow any items that are properly taxable. In the absence of written objection, any item listed may be taxed within the discretion of the clerk.

(c) Items Taxable as Costs

(1) Transcripts. The cost of any part of the original trial transcript that was necessarily obtained for use in this court or on appeal is taxable. Convenience of counsel is not sufficient. The cost of a transcript of court proceedings before or after trial is taxable only when authorized in advance or ordered by the court.

(2) Depositions. Unless ordered otherwise by the court, the original transcript of a deposition, plus one copy, is taxable if the deposition was used or received in evidence at the trial, whether or not it was read in its entirety. Costs for depositions are also taxable if they were used by the court in ruling on a motion for summary judgment or other dispositive substantive motion. Costs for depositions taken solely for discovery are not taxable. Counsel's fees and expenses in attending the taking of a deposition are not taxable unless provided by statute, rule, or order of the court. Fees, mileage, and subsistence for the witness at the deposition are taxable at the same rates as for attendance at trial if the deposition taken was used or received in evidence at the trial.

(3) Witness Fees, Travel Expenses and Subsistence. Witness fees and travel expenses authorized by 28 U.S.C. § 1821 are taxable if the witness testifies. Subsistence under 28 U.S.C. § 1821 is taxable if the witness testifies and it is not practical for the witness to return to the witness's residence from day to day. No party to the action may receive witness fees, travel expenses, or subsistence. Fees for expert witnesses are taxable only to the extent of fees for ordinary witnesses unless prior court approval was obtained.

(4) Interpreting Costs. The reasonable fee of a competent interpreter is taxable if the fee of the witness involved is taxable.

(5) Exemplifications and Copies of Papers. A copy of an exhibit is taxable if the original was not available and the copy was used or received in evidence. The cost of copies used for the convenience of counsel or the court are not taxable. The fees for a search and certification or proof of the nonexistence of a document in a public office is taxable.

(6) Maps, Charts, Models, Photographs and Summaries. The cost of photographs, 8" x 10" in size or less, is taxable if used or received in evidence. Enlargements greater than 8" x 10" are not taxable except by order of the court. Costs of maps, charts, and models, including computer generated models, are not taxable except by order of the court. The cost of compiling summaries, statistical comparisons, and reports is not taxable.

(7) Attorney's Fees and Related Costs. Attorney's fees and disbursements and other related fees and paralegal expenses are not taxable except by order of the court. A motion for attorney's fees and related nontaxable expenses must be made within the time period prescribed by Fed. R. Civ. P. 54.

(8) Fees of Masters, Receivers, Commissioners, and Court Appointed Experts. Fees of masters, receivers, commissioners, and court appointed experts are taxable as costs, unless ordered otherwise by the court.

(9) Costs for Title Searches. A party is entitled to tax necessary disbursements for the expenses of searches made by title insurance, abstract, or searching companies.

(10) Docket and Miscellaneous Fees. Docket fees, and the reasonable and actual fees of the clerk and of a marshal, sheriff, and process server, are taxable unless ordered otherwise by the court.

For relevant historical context for this local rule, consult the Appendix of Committee Notes.