Rule 16 Allowance and Award of Costs and Disbursements
Rule Text
A Definition of Costs and Disbursements. “Costs and disbursements” are reasonable and necessary expenses incurred in the prosecution or defense of an action other than for legal services, and include the filing fee; the statutory fees for witnesses; the necessary expense of copying of any public record, book, or document used as evidence in the trial; and any other expense specifically allowed by agreement, by these rules, by TCR 68 A(2), or by other rule or statute.
B Allowance of Costs and Disbursements. In any action, costs and disbursements may be allowed to the prevailing party, unless these rules or other rule or statute direct that in the particular case costs and disbursements will not be allowed to the prevailing party or will be allowed to some other party, or unless the court otherwise directs.
C Procedure for Seeking Costs and Disbursements.
C(1) Request for Costs and Disbursements. A party may request costs and disbursements by filing the court’s form entitled “Statement for Costs and Disbursements.”⁹ Unless otherwise ordered by the court, the form must be filed within 14 days after a decision is entered. The court will not award costs and disbursements other than the filing fee unless the court’s form “Statement for Costs and Disbursements” is filed with appropriate proof attached.
C(2) Objections and Responses.
C(2)(a) Objections. A party may file an objection within 14 days after the date of service of a statement of costs and disbursements or as otherwise allowed by the court. The objection must be specific and timely provided to all parties.
C(2)(b) Responses. The party seeking costs and disbursements may file a response to an objection. The response must be submitted no later than 10 days after the date of service of the objection and timely provided to all parties.
C(3) Hearing. At the discretion of the court, a hearing may be held to consider issues and evidence related to the request for costs and disbursements. No other issues or evidence will be considered at the hearing.