(a) Procedure for Taxation.
(1) Form and Deadline. The party entitled to recover costs must file a bill of
costs on a form provided by the clerk (available at the clerk’s office or on
the court’s website under the Forms section) within 30 days after:
(A) the expiration of time allowed for appeal of a final judgment or
decree; or
(B) receipt by the clerk of an order terminating the action on appeal.
(2) Brief Required. The party seeking costs must file a brief in support of its
costs with the bill of costs. The brief must:
(A) clearly and concisely itemize and describe the costs (the clerk may
disallow costs for failure to itemize and verify costs);
(B) set forth the statutory and factual basis for the reimbursement of
those costs under 28 U.S.C. § 1920;
(C) reference and include copies of relevant invoices, receipts, and
disbursement instruments in support of the requested costs; and
(D) state that the party has made a reasonable effort, in a conference with
the opposing counsel or pro se party, to resolve disputes regarding
costs.
(3) Waiver. The failure of a prevailing party to timely file a bill of costs
constitutes a waiver of taxable costs.
(4) Stipulation. If the parties resolve costs, the party seeking costs must file a
stipulation setting forth the amount of costs agreed upon within 14 days
after the conference with the opposing counsel or pro se party.
(b) Objections to Bill of Costs.
(1) Response Brief. Within 14 days from the date the bill was filed, a party who
objects to any item in a bill of costs must file a brief setting forth such
objections with supporting documentation.
(2) Reply Brief. Within 7 days from the date the response was filed, the moving
party may file a reply.
(3) Clerk’s Action. When objections are filed, the clerk will consider the
objections and any reply, and will tax costs subject to review by the court.
If no timely objections are filed, the clerk may tax costs as claimed in the
bill.
(c) Judicial Review. Pursuant to Fed. R. Civ. P. 54(d), the court may review the
clerk’s action when a party files and serves a motion for review within 7 days of
the date the clerk taxes costs.
(d) To Whom Payable. All costs taxed are payable directly to the party entitled thereto
– not to the clerk or court – except in the following cases:
(1) where the court orders otherwise;
(2) in criminal cases;
(3) in suits for civil penalties for violations of criminal statutes; and
(4) in government cases not handled by the Department of Justice.
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As amended 12/1/22, 3/17/11; 11/16/90.
