(a) Time for Filing and Content. No later than 14 days after entry of judgment or order
under which costs may be claimed, a prevailing party claiming taxable costs must serve
and file a bill of costs. The bill must state separately and specifically each item of
taxable costs claimed. It must be supported by an affidavit, pursuant to 28 U.S.C.
§1924, that the costs are correctly stated, were necessarily incurred, and are allowable
by law. Appropriate documentation to support each item claimed must be attached to
the bill of costs.
(b) Effect of Service. Service of bill of costs shall constitute notice pursuant to Fed. R.
Civ. P. 54(d), of a request for taxation of costs by the Clerk.
(c) Waiver of Costs. Any party who fails to file a bill of costs within the time period
provided by this rule will be deemed to have waived costs.
Commentary
The 14-day time period set by this rule is inapplicable where a statute authorizing costs
establishes a different time deadline, (e.g., 28 U.S.C. § 2412(d)(1)(B) (setting 30 days
from final judgment as time limit to file for fees under Equal Access to Justice Act)).
