Rule 39 Costs

(a) Against Whom Assessed. The following rules apply unless the law provides, or the Court orders otherwise:

(1) If an appeal is dismissed, costs are taxed against the appellant, unless the parties agree otherwise;

(2) If a judgment is affirmed, costs are taxed against the appellant;

(3) If a judgment is reversed, costs are taxed against the appellee;

(4) If a judgment is affirmed in part, reversed in part, modified, or vacated, costs are taxed only as the Court orders.

(b) [Reserved]

(c) [Reserved]

(d) Bill of Costs: Objections; Insertion in Mandate.

(1) A party who wants costs taxed must serve and file an itemized and verified bill of costs within 14 days after entry of judgment.

(2) Objections to a bill of costs must be filed within 10 days after service of the bill of costs, unless the Court extends the time.

(3) The Clerk must prepare and certify an itemized statement of costs for insertion in the mandate, but issuance of the mandate must not be delayed for taxing costs. If the mandate issues before costs are finally determined, the Superior Court clerk must add the statement of costs, or any amendment of it, to the mandate at the Clerk’s request.

(e) Costs on Appeal Taxable in the Superior Court. The following costs on appeal are taxable in the Superior Court for the benefit of the party entitled to costs under this rule:

(1) The preparation and transmission of the record;

(2) The preparation of the transcript, if needed to determine the appeal;

(3) Premiums paid for a supersedeas bond or other bond to preserve rights pending appeal; and

(4) The fee for filing the notice of appeal.