IOP § IV(E): Costs
Rules of Appellate Procedure and Internal Operating Procedures of the Eighth Circuit — Internal Operating Procedures: IV. Deciding the Appeal
Costs taxable in the court of appeals are limited to the expense of reproduction of the briefs and designated record, and the docket fee, if the appellant prevails. See FRAP 39(c). The prevailing party normally is entitled to recover these costs after complying with FRAP 39(d).
The verified bill of costs required by FRAP 39(d) may be that of a party or counsel, or a printer’s verified bill of costs evidencing payment of the bill for a specified brief. When an objection is filed the court must determine whether the costs are reasonable for the area where the clerk’s office is located. See FRAP 39(c). The court will rule on a timely bill of costs only if the opposing party objects; absent an objection, the clerk will approve a timely-filed and properly-supported bill of costs, but in no event will the court tax more than the amount authorized in 8th Cir. R. 39A(a). If costs have not been settled before issuance of the mandate, the clerk proceeds as specified in FRAP 39(d).
Some costs of an appeal must be taxed in the district court. See FRAP 39(e). After the district court receives the court of appeals mandate, a party must apply to the district court for recovery of these costs within the time the district court rules prescribe.