Local Rule LOCAL CIVIL RULE 54: JUDGMENTS; COSTS

LOCAL CIVIL RULE 54 - JUDGMENTS; COSTS

(a) Costs. Whenever any civil action scheduled for jury trial is settled or otherwise disposed of prior to trial, then, except for good cause shown, juror costs, including marshal's fees, mileage and per diem, shall be assessed as directed by the Court, unless the clerk's office is notified in time to advise the jurors that it will not be necessary for them to attend.

(b) Award of Attorney's Fees.

(1) In all cases where attorney's fees are sought, the party desiring to be awarded such fees shall submit to the Court a contemporaneous time report reflecting the date, time involved, and nature of the services performed. The report shall be in both narrative and statistical form and provide hours spent and justification thereof.

(2) Any Judge of the Court may, for good cause shown, relieve counsel of the obligation of filing such a report with the Court.

(c) Memorandum of Costs. Within thirty days after receiving notice of entry of judgment, unless otherwise ordered by the Court, the party in whose favor judgment is rendered and who claims and is allowed costs, shall serve on the attorney for the adverse party and file with the Clerk of Court a notice of application to have the costs taxed, together with a memorandum signed by the attorney of record stating that the items are correct and that the costs have been necessarily incurred, which is supported by itemization and documentation of all costs requested in each category.

(d) Objections. Specific objections may be made within fourteen days to any item of costs supported by affidavit or other evidence, which may be rebutted. The Clerk of Court shall thereupon tax the costs.

(e) Review of Taxation of Costs. A dissatisfied party may request within seven days that the Court review the action of the Clerk of Court, in accordance with Fed. R. Civ. P. 54(d).

(f) Security for Costs. In any civil matter, the Court, on motion or its own initiative, may order any party to file bond for costs or additional security for costs in such an amount and so conditioned as it may designate.

(g) Payment and Application for Order of Satisfaction of Judgment. Whenever any party shall pay into court an amount of money which fully satisfies any judgment or decree in principal, interest, and costs, the attorney may apply to the Court for an order of satisfaction and, after notice to opposing counsel, or party (if no counsel), upon proof to the Court of such complete satisfaction, shall be entitled to an order declaring same.

(h) Filing Acknowledgment of Satisfaction Notice in Docket. Upon filing of acknowledgment of satisfaction made by the judgment creditor or creditor attorney, the Clerk of Court shall note upon the docket sheet "Judgment Satisfied," together with the date of any judgment.

(i) Seaman and Pauper Cases. In all actions in which the fees of the U.S. Marshal and the Clerk of Court are not required by law to be paid in advance and in which a seaman or a party proceeding in forma pauperis prevails, either by judgment or by settlement, no dismissal or satisfaction of judgment shall be filed or entered until all fees of the U.S. Marshal and the Clerk of Court have been paid, unless otherwise ordered by the Court. It shall be the responsibility of counsel handling the payment of any settlement to see to it that all fees are paid whether or not any dismissal or satisfaction of judgment entry is applied for.