Local Rule Civil L. R. 54: Costs

Civil L. R. 54. Costs.

(a) Bill of Costs.

(1) Unless otherwise provided by this Rule, no later than 14 days after the entry of the judgment, the party in whose favor a judgment for costs is awarded or allowed by law and who claims the party's costs must file the party's bill of costs and serve the bill of costs on all opposing parties. The Clerk of Court's office has forms available for this process or the party may use the party's own forms. If a timely Fed. R. Civ. P. 59 motion for a new trial or amendment of the judgment has been filed, the time for filing and serving the bill of costs commences upon the entry of the order resolving the motion.

(2) When an appeal is taken, the parties may file a stipulation to delay the filing of the bill of costs until after the appeal is decided. Absent a filed stipulation or Court order, the appeal will not delay the taxing of costs.

(3) Unless otherwise determined by the Clerk of Court, the non-claiming party must serve any objections, accompanied by a short memorandum, within 14 days of the service of the bill of costs. The party claiming costs must serve any response within 7 days of service of the objections. The non-claiming party must serve any reply within 7 days of the service of the response. Costs will be taxed by the Clerk of Court on the basis of the written memoranda.

(b) Items Taxable as Costs. The following is the practice of the Court concerning items of costs not otherwise allowed or prohibited by statute:

(1) Fees of the Court Reporter for All of or Any Part of the Transcript Necessarily Obtained for Use in the Case. The costs of the original transcript, if paid by the taxing party, and the cost of the taxing party's copy are taxable. The costs of a transcript of other court proceedings are taxable if the transcript was necessary for appeal, requested by the Court, or prepared pursuant to stipulation of the parties and necessarily obtained for use in the case. In the case of a daily transcript, the parties must follow Civil L. R. 54(b)(5).

(2) Deposition Costs. The court reporter's charge for the original of a deposition, if paid by the taxing party, and the taxing party's copy are taxable if the deposition was reasonably necessary for use in the case, whether or not it was used at trial. Reasonable expenses of the reporter, the presiding notary or other official and postage costs for sending the original deposition to the Clerk of Court for filing are taxable. Counsel's fees and expenses in attending and taking the deposition are not taxable. Per diem attendance fees for a witness at a deposition are taxable as per 28 U.S.C. § 1821. If a translator is needed to take the deposition, a reasonable translator fee is taxable.

(3) Witness Fees, Mileage, and Subsistence. The rate for witness fees, mileage, and subsistence are fixed by statute. (See 28 U.S.C. § 1821 and Civil L. R. 54(b)(5).) Such fees are taxable whether or not the witness attends voluntarily or is under subpoena, provided the witness testified at the trial and received a witness fee. No party shall receive witness fees for testifying in his or her own behalf. Fees for expert witnesses are not taxable in a greater amount than that statutorily allowable in the case of ordinary witnesses, except in exceptional circumstances by order of the Court.

(4) Copying Costs. Taxable costs include the cost of copying papers (including, but not limited to, maps, charts, photographs, summaries, computations, and statistical comparisons) that are reasonably necessary for use in the case (see 28 U.S.C. § 1920(4)).

(5) Other Costs. The Clerk of Courts will not tax the cost of demonstrative evidence created for use in the case, daily transcripts, witness fees for mileage for trial witnesses coming from outside of the District in excess of 100 miles from the place of trial, and expert witness fees in excess of the statutory allowance, unless the party requesting taxation obtained Court approval before the costs were incurred, and in the case of demonstrative evidence, before the evidence was used at trial.

(c) Review of Costs. A party may move for review of the Clerk of Court's decision taxing costs pursuant to Fed. R. Civ. P. 54(d) within 7 days from taxation. The motion, supporting papers, and scheduling must conform to Civil L. R. 7.

Committee Comment: The rules governing bills of costs are liberally construed to allow permitted costs. Civil L. R. 54 does not list every allowable cost and should be interpreted to accommodate ever-changing technology.