Local Rule 54-3: Standards for Taxing Costs

54-3. Standards for Taxing Costs

(a) Fees for Filing and Service of Process (1) The Clerk's filing fee is allowable if paid by the claimant. (2) Fees of the marshal as set forth in 28 U.S.C. § 1921 are allowable to the extent actually incurred. Fees for service of process by someone other than the marshal acting pursuant to Fed. R. Civ. P. 4(c) are allowable to the extent reasonably required and actually incurred.

(b) Reporters' Transcripts (1) The cost of transcripts necessarily obtained for an appeal is allowable. (2) The cost of a transcript of a statement by a Judge from the bench which is to be reduced to a formal order prepared by counsel is allowable. (3) The cost of other transcripts is not normally allowable unless, before it is incurred, it is approved by a Judge or stipulated to be recoverable by counsel.

(c) Depositions (1) The cost of an original and one copy of any deposition (including videotaped depositions) taken for any purpose in connection with the case is allowable. (2) The expenses of counsel for attending depositions are not allowable. (3) The cost of reproducing exhibits to depositions is allowable if the cost of the deposition is allowable. (4) Notary fees incurred in connection with taking depositions are allowable. (5) The attendance fee of a reporter when a witness fails to appear is allowable if the claimant made use of available process to compel the attendance of the witness.

(d) Reproduction and Exemplification (1) The cost of reproducing and certifying or exemplifying government records used for any purpose in the case is allowable. (2) The cost of reproducing disclosure or formal discovery documents when used for any purpose in the case is allowable. (3) The cost of reproducing copies of motions, pleadings, notices, and other routine case papers is not allowable. (4) The cost of reproducing trial exhibits is allowable to the extent that a Judge requires copies to be provided. (5) The cost of preparing charts, diagrams, videotapes, and other visual aids to be used as exhibits is allowable if such exhibits are reasonably necessary to assist the jury or the Court in understanding the issues at the trial.

(e) Witness Expenses. Per diem, subsistence, and mileage payments for witnesses are allowable to the extent reasonably necessary and provided for by 28 U.S.C. § 1821. No other witness expenses, including fees for expert witnesses, are allowable.

(f) Fees for Masters and Receivers. Fees to masters and receivers are allowable.

(g) Costs on Appeal. Other costs not provided for in these Rules but authorized under Fed. R. App. P. 39 are allowable.

(h) Costs of Bonds and Security. Premiums on undertaking bonds and costs of providing security required by law, by order of a Judge, or otherwise necessarily incurred are allowable.