Local Rule Local Civil Rule 54: Costs – Notice of Appeal – Jury Costs

LOCAL CIVIL RULE 54

COSTS – NOTICE OF APPEAL – JURY COSTS

(A) Payment in Advance: All fees and costs due the Clerk shall be paid in advance except as otherwise provided by law.

(B) Stipulation for Costs for Certain Admiralty and Maritime Claims: No stipulation for costs for complaints, petitions, counterclaims, and cross-claims, and the filing of an answer, appearance, or claim shall be required, unless specifically ordered by the Court, except where now or hereafter required by statute, the Federal Rules of Civil Procedure, or the Supplementary Rules for Certain Admiralty and Maritime Claims heretofore or hereafter adopted by Congress or through the rule making process.

(C) Bond Premiums: If costs are awarded by the Court, the reasonable premiums or expense paid on any bond or other security given by the prevailing party shall be taxed as part of the costs.

(D) Taxable Costs And Procedure For Taxing Costs:

(1) Bill of Costs. The party entitled to costs shall file a bill of costs as provided in 28 U.S.C. §§ 1920 and 1924 within fourteen (14) days from the entry of judgment, unless such time is extended by order of the Court.

Such bill of costs shall distinctly set forth each item thereof so that the nature of the charge can be readily understood. An itemization and documentation for requested costs in all categories shall be attached to the cost bill. Costs will be disallowed if proper documentation is not provided.

(2) Objection to the Bill of Costs. A party from whom costs are sought may file an opposition to the bill of costs within fourteen (14) calendar days after service of the bill of costs. The opposition shall identify each item objected to and the grounds for the objection. Within six (6) calendar days thereafter, the prevailing party may file responses to the objections. The fourteen (14) and six (6) calendar day periods for objections and reply briefs shall apply without regard to, and are not expanded by, the mode of service used for those briefs, notwithstanding the provisions of Fed. R. Civ. P. 6(d).

If no objections are filed, the Clerk shall promptly proceed to tax the costs and shall allow such items specified in the bill of costs as are properly chargeable as costs. The Clerk shall give notice of such action to the parties or their counsel. The Court shall promptly review the action of the Clerk upon timely motion under Fed. R. Civ. P. 54(d). In the absence of a timely motion the action of the Clerk is final.

If objections are filed and the Clerk is unable to determine all or some of the properly chargeable costs, the application for such costs shall be referred to the judge who presided over the trial or, at the discretion of that judge, to a magistrate judge for report and recommendation under 28 U.S.C. § 636(b)(1)(B).

(E) Excessive and Unnecessary Costs: Any party applying for costs which are not recoverable or which are excessive shall be subject to sanction under Fed. R. Civ. P. 11.

(F) Notice of Appeal – Fees:

(1) Where there are multiple parties seeking to appeal jointly (e.g., where cases are consolidated or tried together or decided by a single judgment or order) and a joint notice of appeal is filed, the Clerk shall collect only one fee and only one cost bond, if required. Where separate notices of appeal are filed, the Clerk shall collect separate fees and require separate bonds.

(2) Separate notices of appeal, separate fees, and separate bonds are required of a party who exercises a right of appeal under Fed. R. App. P. 4(a)(3), within fourteen (14) days of the date on which the first notice of appeal was filed.

(G) Jury Costs: Whenever any civil action scheduled for jury trial is settled, or otherwise disposed of in advance of the actual trial, then, except for good cause shown, juror costs, including service fees, mileage, and per diem, shall be assessed equally against the parties and their counsel or otherwise assessed as directed by the Court, unless the Clerk is notified at least one (1) full business day prior to the day on which the action is scheduled for trial in time to advise the jurors that it will not be necessary for them to attend.

Likewise, when any civil action, proceeding as a jury trial, is settled at trial in advance of the verdict, then, except for good cause shown, all jury costs, service fees, mileage, and per diem shall be assessed equally against the parties and their counsel, or otherwise assessed as directed by the Court.