(a) Filing Bill of Costs.
(1) A prevailing party may request the clerk to tax allowable costs in a
civil action as a part of a judgment or decree by filing a bill of costs, on form
AO133 available in the clerk's office:
(i) within 30 days after the expiration of time allowed for appeal
of a final judgment or decree, or
(ii) within 30 days after receipt by the clerk of a mandate (or, if
applicable, the denial of a writ of certiorari or other final decision from the
Supreme Court), terminating the action on appeal, or
(iii) as the Court may otherwise direct.
(2) The original of the bill of costs shall be filed with the clerk, with
copies served on all parties.
(3) The failure of a prevailing party to timely file a bill of costs shall
constitute a waiver of any claim for costs.
(b) Objections to Bill of Costs.
(1) If an adverse party objects to the bill of costs or any item claimed by
a prevailing party, the adverse party must state in writing its objection in a motion
for disallowance with a supporting brief within fourteen (14) days after the filing
of the bill of costs. Within seven days thereafter, the prevailing party may file a
response. No reply is permitted. Unless a hearing is ordered by the clerk, a ruling
will be made by the clerk on the record.
(2) A party may request review of the clerk's ruling by filing a motion
within seven days after the action of the clerk. The Court's review of the clerk's
action will be made on the existing record unless otherwise ordered.
(c) Taxable Costs.
(1) Items normally taxed include, without limitation:
(i) Those items specifically listed on the bill of costs form. The
costs incident to the taking of depositions (when allowable as
necessarily obtained for use in the litigation) normally include
only the reporter's attendance fee and charge for one
transcript of the deposition.
(ii) Premiums on required bonds.
(iii) Actual mileage, subsistence, and attendance allowances for
necessary witnesses at actual cost, but not to exceed the
applicable statutory rates, whether they reside in or out of this
district.
(iv) One copy of the trial transcript for each party represented by
separate counsel.
(2) Items normally not taxed include, without limitation:
(i) Witness fees, subsistence, and mileage for individual parties,
real parties in interest, parties suing in representative
capacities, and the officers and directors of corporate parties.
(ii) Daily copy of trial transcripts, unless prior court approval has
been obtained.
(iii) Costs of shipping/mailing transcripts.
(iv) Mediation fees.
(v) Costs for service by private process servers.
(vi) Expert witness expenses.
(vii) Jury consultant expenses.
(viii) Expenses associated with electronic discovery.
(d) Costs in Settlements. The Court will not tax costs in any action terminated
by compromise or settlement. Settlement agreements must resolve any issue relating to
costs. In the absence of specific agreement, each party will bear its own costs.
(e) Payment of Costs. Costs are to be paid directly to the party entitled to
reimbursement, who must file a certificate of satisfaction within 21 days of receipt of
payment.
(f) Applicability. This Rule does not apply to requests for attorneys’ fees.
Such requests are instead governed by Local Rule 54.2
