Local Rule LCvR 54.1: TAXATION OF COSTS OTHER THAN ATTORNEY FEES

LCvR 54.1 TAXATION OF COSTS OTHER THAN ATTORNEY FEES

(a) Filing Bill of Costs. A prevailing party may request the Clerk of Court to tax allowable costs, other than attorney fees, in a civil action as a part of a judgment or decree by filing a bill of costs on a form available from the Clerk of Court, within thirty (30) days after:

(1) The expiration of time allowed for appeal of a final judgment or decree; or

(2) Receipt by the Clerk of Court of the mandate or other order terminating the action on appeal.

(b) Filing of the Bill of Costs. The original bill of costs must be filed with the Clerk of Court, with copies served on adverse parties.

(c) Failure to File. The failure of a prevailing party to timely file a bill of costs constitutes a waiver of any claim for costs.

(d) Objections to Bill of Costs. If an adverse party objects to the bill of costs or any item claimed by a prevailing party, that party may file an objection to the bill of costs with supporting brief within fourteen (14) days after the electronic filing of the bill of costs. Within seven (7) days thereafter, the prevailing party may file a response with brief to any filed objections. Unless a hearing is ordered by the Clerk of Court, a ruling will be made by the Clerk of Court on the record.

(e) Objections to the Ruling of the Clerk of Court. A party may request review of the Clerk of Court's ruling by filing a motion within seven (7) days after entry of the Clerk of Court's order. The Court's review of the Clerk of Court's action will be made on the existing record unless otherwise ordered.

(f) Taxable Costs. Items normally taxed include:

(1) Those items specifically listed on the bill of costs form. The costs incident to the taking of depositions (when allowable as necessarily obtained for use in the litigation) normally include only the reporter's attendance fee and charge for the original transcript of the deposition;

(2) Premiums on required bonds or other securities;

(3) Actual mileage, subsistence, and attendance allowances for necessary witnesses at actual cost, but not to exceed the applicable statutory rates, whether they reside in or out of this district;

(4) One copy of the trial transcript for each party represented by separate counsel;

(5) Costs associated with private process servers;

(6) Fees for service of summons, subpoena, and notices by private firms; and

(7) Costs of the original videotape of a deposition and the appearance fee of a videographer in lieu of the costs of a transcript of the deposition.

(g) Non-Taxable Costs. Items normally not taxed include:

(1) Multiple copies of depositions;

(2) daily, expedited, real time, or hourly copies of transcripts, unless prior Court approval has been obtained;

(3) Attorney fees and attorney travel expenses;

(4) Costs of shipping/mailing transcripts;

(5) Costs for computer-aided legal research including paralegal charges and computerized indices or optical discs produced for counsel's benefit;

(6) Costs associated with mediation;

(7) Copy costs for any documents filed or served in electronic format;

(8) Pro hac vice fees;

(9) Costs for extraction and/or electronic configuration of data (e-mails) for the convenience of counsel absent any agreement among the parties pertaining to these costs;

(10) Costs associated with condensing a transcript, putting transcripts on a diskette, or providing E-transcripts in addition to counsel receiving the original transcript;

(11) Expert or witness hourly or appearance or consultation fees for attending a deposition, hearing, or trial other than that authorized by statute or Court order;

(12) Travel time for expert or witnesses other than that authorized by statute or Court order;

(13) Costs associated with videoconferences of meetings, conferences, or depositions other than the direct cost of the original videotape/electronic record of a deposition and the appearance fee of a videographer in lieu of the costs of a transcript of the deposition; and

(14) Fees associated with researching potential jurors.

(h) Costs in Settlements. The Clerk of Court will not tax costs in any action terminated by compromise or settlement. Settlement agreements must resolve any issue relating to costs. In the absence of specific agreement, each party bears its own costs.

(i) Payment of Costs. Costs are to be paid directly to the party entitled to reimbursement, not to the Clerk of Court.