Rule 30 Costs; Damages for Delay.
Rule Text
(a) To Whom Allowed. Except in criminal cases or as otherwise provided by law, if an appeal or petition is dismissed, reasonable costs, which may include attorney’s fees, shall be taxed against the appellant unless otherwise agreed by the parties or ordered by the Supreme Court; if a judgment is affirmed or a petition denied, reasonable costs shall be taxed against the appellant or petitioner unless otherwise ordered; if a judgment is reversed or a petition granted, reasonable costs shall be taxed against the appellee or the respondent unless otherwise ordered; if a judgment is affirmed or reversed in part, or is vacated, or a petition granted in part and denied in part, reasonable costs shall be allowed only as ordered by the Supreme Court. If the side against whom costs are assessed includes multiple parties, the Supreme Court may apportion the assessment or impose it jointly and severally. In cases involving the Government of the Virgin Islands or an agency or officer thereof, reasonable costs shall only be awarded as authorized by law. The Supreme Court shall, in its discretion, determine whether costs are reasonable. If the Supreme Court determines that an appeal or petition is frivolous, it may, after a separately filed motion or notice from the Court and reasonable opportunity to respond, award just damages and single or double costs to the appellee or the respondent.
(b) Bill of Costs; Objections; Costs to Be Inserted in Mandate or Added Later. A party who desires such costs to be taxed shall state them in an itemized and verified bill of costs, including attorney's fees, which the party shall file with the Clerk of the Supreme Court, with proof of service, within 14 days after the entry of judgment. The Supreme Court shall deny untimely bills of costs unless a motion showing extraordinary circumstances is filed with the bill. Objections to the bill of costs must be filed within 14 days after service on the party against whom costs are to be taxed unless the time is extended by the Supreme Court. An answer to objections to a bill of costs may be filed within 14 days after service of the objections. Issuance of the mandate shall not be delayed for taxation of costs, but if the mandate has been issued before final determination of costs, the statement, or any amendment thereof, shall be added to the mandate upon request by the Clerk of the Supreme Court to the Clerk of the Superior Court. However, if a party seeks attorney’s fees as among the costs to be taxed, the amount of attorney’s fees to be awarded—if any—shall be determined by the Superior Court on remand.