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Rule 13 Costs and Interest on Judgments in Civil Cases

I. General Appeal Proceedings

(a) To Whom Costs Are Allowed. Costs shall be taxed against the unsuccessful party to a civil appeal unless the Law Court otherwise directs. If an appeal in a civil case is dismissed, costs shall be taxed against the appellant unless otherwise agreed by the parties or ordered by the Court. When a judgment is affirmed in part, costs shall be allowed only as ordered by the Law Court.

(b) Costs in the Law Court. Costs in the Law Court shall be allowed as follows:

(1) Briefs. The actual cost of printing or otherwise reproducing briefs, but not more than $5.00 per page, for not more than a total of 70 pages for an initial brief and 20 pages for a reply brief.

(2) The Appendix. The actual cost of printing or otherwise reproducing the appendix, but not more than $5.00 per page, for not more than a total of 300 pages (150 sheets of paper, printed on both sides).

(3) Any Transcripts. The cost of transcripts made by a reporter may be taxed at the rate actually paid to the reporter, but not exceeding the rate established by order of the Chief Justice of the Supreme Judicial Court.

(4) Travel. Travel and attendance as in the trial court.

(5) Other Costs. Other items of costs may be allowed as determined by the provisions of M.R. Civ. P. 54(d)-(g), when such items are required to prosecute or defend the appeal.

(c) Filing Bill of Costs. A party that desires such costs to be taxed shall state them in a verified bill of costs, which the party shall file with the Clerk of the Law Court, with proof of service, within 14 days after the issuance of the mandate.

(d) Clerk to Certify Costs. On request of the prevailing party the Clerk of the Law Court shall certify in detail to the trial court the amount of costs taxed in the Law Court.

(e) Interest on Judgments. When a judgment for money in a civil case is affirmed, whatever interest is allowed by law shall be payable as provided by law. When a judgment is modified or reversed with a direction that a judgment for money be entered in the trial court, the opinion shall contain instructions with respect to allowance of interest if the prevailing party’s claim to interest has been brought to the attention of the Law Court by brief or oral argument.

(f) Sanctions. If, after a separately filed motion or a notice from the court and a reasonable opportunity to respond, the Law Court determines that an appeal, motion for reconsideration, argument, or other proceeding before it is frivolous, contumacious, or instituted primarily for the purpose of delay, it may award to the opposing parties or their counsel treble costs and reasonable expenses, including attorney fees, caused by such action.