Local Rule LCvR 54: COSTS

LCvR 54 COSTS A. Jury Cost Assessment.

1. Whenever the Court finds, after 14 days notice and a reasonable opportunity to be heard, that any party or lawyer in any civil case before the Court has acted in bad faith, abused the judicial process, or has failed to exercise reasonable diligence in effecting the settlement of such case at the earliest practicable time, the Court may impose upon such party or lawyer the jury costs, including mileage and per diem, resulting therefrom.

2. The Court shall issue a rule to show cause and conduct a hearing of record to inquire into the facts prior to imposing any sanction.

B. Taxation of Costs.

1. Absent extenuating circumstances, the Clerk of Court will tax costs for a prevailing party only after the time for filing an appeal has expired. Generally, costs will not be taxed while an appeal is pending because of the possibility that the judgment may be reversed. However, if a party believes there is a reason why there should be an immediate taxation in a particular case, that party may make a written request for taxation prior to resolution of the appeal.

2. While there is no strict deadline for filing a bill of costs with the Court, a bill of costs must be filed within a reasonable period of time, which should be no later than 45 days after a final judgment is entered by the District Court. However, if an appeal has been filed, counsel may defer filing a bill of costs until 30 days after the mandate has been filed in the District Court, or after an appeal has been withdrawn.

3. Upon receipt of a bill of costs, the Clerk of Court will issue a schedule for objections and responses.

4. If after a bill of costs is filed the parties resolve the matter between themselves, the parties must immediately notify the Clerk of Court in writing that the bill of costs is being withdrawn or has been resolved.