(1) DISTRICT COURT COSTS
The parties must serve and file a voluntary agreement with respect to taxable costs
in the form of a written stipulation. If the parties are unable to stipulate to the costs,
the court will apply the following procedures unless otherwise ordered by the court.
A party seeking an award of costs must serve and file a motion for costs no later
than fourteen (14) days after entry of judgment. The motion must be accompanied
by a verified statement of costs that contains (1) for each category of costs being
claimed, a detailed breakdown of each item of claimed costs within the category
with sufficient description so the item can be readily understood, (2) a brief citation
to the statutory or other legal authority that provides for recovery of the category of
claimed costs, and (3) supporting documents the moving party relies upon to
establish the claim of costs.
The moving party’s attorney must verify the statement of costs by affirming the
items are correct, the services were actually and necessarily performed, and the
disbursements were necessarily incurred. A party’s failure to comply with this rule
may be deemed a waiver of the claim for costs.
Each party objecting to the claimed costs must serve and file a response within
fourteen (14) days of service or filing of the motion that (1) sets forth specific
objections to each item of disputed cost, along with a citation to authority for not
awarding the item or category of cost, and (2) includes as exhibits supporting
documents relied upon to contest the claim of costs. A party’s failure to object to a
specific item of cost may be deemed a waiver of an objection to the claimed item.
Within seven (7) days after the response is served and filed, the moving party may
file a reply.
The clerk will tax as part of a judgment only those costs that are awarded by the
court or that have been agreed upon by the parties in a stipulation filed with the
clerk. Filing a motion for costs does not affect the finality and appealability of the
final judgment previously entered.
Effective October 6, 2025
CIVIL RULES
(2) COSTS ON APPEAL TAXABLE IN THE DISTRICT COURT
The court will tax costs allowable under Fed. R. App. P. 39(e) in accordance with
this rule if a verified statement of costs is served and filed within fourteen (14) days
of the issuance of a mandate by the court of appeals.
(B) ATTORNEY’S FEES
(1) The time periods and other procedures in this rule, including filing a verified
statement of fees and expenses along with supporting documents, apply to a claim
for attorney’s fees and related nontaxable expenses under Fed. R. Civ. P. 54(d)(2),
unless the recovery of attorney’s fees and expenses is sought against the United
States.
(2) If recovery of attorney’s fees is sought against the United States, a party must serve
and file a motion as provided in 28 U.S.C. ' 2412(d)(1)(B). The United States has
fourteen (14) days from service and filing of the motion to respond. Within seven
(7) days after the response is served and filed, the moving party may file a reply,
but additional documents may be filed only upon court order for good cause shown.
Effective October 6, 2025
CIVIL RULES
