Local Rule Rule 54.1: Costs: Taxation, Payment

Rule 54.1 Costs: Taxation, Payment

(a) Taxation of Costs

(1) Any party requesting taxation of costs by the Clerk must file a notice of taxation of costs using form AO133 (Bill of Costs), along with the required supporting documentation, within seventy-five (75) days of the entry of final judgment, or, if the judgment is appealed, within seventy-five (75) days after final disposition of the appeal, unless otherwise ordered by the court. Submission of the form along with supporting documentation shall constitute notice in accordance with Federal Rule of Civil Procedure 54(d)(1).

(2) No costs will be taxed during the pendency of any appeal, motion for reconsideration, or motion for a new trial. The party seeking taxation of costs must file a new notice of taxation of costs using form AO133, along with the required supporting documentation, within seventy-five (75) days of the determination of an appeal that terminates the case without remand for further proceedings, motion for reconsideration, or motion for a new trial. The same procedures apply if a party files a petition for a writ of certiorari.

(3) Failure to file a notice of taxation of costs using the required form and supporting documentation within the applicable seventy-five (75) day period, unless otherwise ordered by the court, will result in waiver of costs.

(4) Any party objecting to the bill of costs must, within fourteen (14) days of the date of service of the notice of taxation of costs, file objections with the Clerk describing the specific items objected to and the grounds for objection. The Clerk will then rule on the bill of costs.

(5) If no objections to the bill of costs are filed, the Clerk will make a determination to grant or deny a request for taxation of costs no sooner than twenty-one (21) days after the notice of taxation of costs is filed.

(6) The Clerk's decision will be indicated in the appropriate section of form AO133, which will be docketed on CM/ECF along with a judgment. No opinion will issue.

(7) Any party wishing to appeal the Clerk's taxation of costs may do so by filing a motion with the court within seven (7) days of the Clerk's taxation of costs in accordance with Federal Rule of Civil Procedure 54(d)(1). The motion must describe the items objected to and the grounds for the objection.

(b) Payment

(1) The Clerk shall not enter an order of dismissal or of satisfaction of judgment until the Clerk's and Marshal's costs have been paid. The Clerk, in cases settled by parties without payment of costs, may have an order on one or more of the parties to pay the costs. Upon failure to pay the costs within fourteen (14) days, or at such time as the court may otherwise direct, the Clerk may issue execution for recovery of costs.