Local Rule Rule 54.1: Application for Costs
E.D.N.C. — Civil rule
Rule 54.1 Application for Costs
(a) Filing Bill of Costs.
(1) A prevailing party may request that the clerk tax allowable costs, other than attorney's fees, in a civil action as part of a judgment or decree by filing a bill of costs on AO Form 133(available on the court's internet website) within 30 days after:
(A) the expiration of time allowed for appeal of a final judgment or decree; or (B) receipt by the clerk of the mandate or other order terminating the action on appeal.
(2) The original bill of costs shall be filed with the clerk, with copies served on adverse parties.
(3) The failure of a prevailing party to timely file a bill of costs shall constitute a waiver of any claim for costs.
(4) Guidelines for filing applications for costs may be found on the court's website.
(b) Objections to Bill of Costs.
(1) If an opposing party objects to the bill of costs or any item claimed by a prevailing party, that party must file a response in opposition within 14 days after the filing of the bill of costs. Within 7 days thereafter, the prevailing party may file a reply. Unless a hearing is ordered by the clerk, a ruling will be made by the clerk on the record.
(c) Objections to the Ruling of the Clerk A party may request review of the clerk's ruling by filing a motion within 7 days after the action of the clerk. The court's review of the clerk's action will be made on the existing record unless otherwise ordered.
(d) Taxable Costs.
(1) Items normally taxed include, without limitation:
(a) those items specifically listed on the bill of costs form. The costs incident to the taking of depositions (when allowable as necessarily obtained for use in the litigation) normally include only the reporter's fee and charge for one transcript of the deposition;
(b) premiums on required bonds;
(c) actual mileage, subsistence, and attendance allowances for necessary witnesses at actual costs, not to exceed the applicable statutory rates, whether the witnesses reside in or out of the district;
(d) one copy of the trial transcript for each unrepresented person and one copy for each party represented by a separate attorney.
(2) Items normally not taxed include, without limitation:
(a) witness fees, subsistence, and mileage for individual parties, real parties in interest, parties suing in representative capacities, and the officers and directors of corporate parties;
(b) multiple copies of depositions;
(c) daily copies of trial transcripts, unless prior court approval has been obtained.
(e) Costs in Settlements.
The court will not tax costs in any action terminated by compromise or settlement. Settlement agreements must resolve any issue relating to costs. In the absence of specific agreement, each party will bear its own costs.
(f) Payment of Costs.
Costs are to be paid directly to the party entitled to reimbursement.