(a) Reserved
(b) Reserved
(c) Reserved
(d) Costs
(1) Motion to Tax Costs/Bill of Costs. The party in whose favor a judgment is rendered,
and who seeks to recover costs, shall, within twenty-one days after the entry of judgment,
file and serve a motion for costs and necessary disbursements, also known as a bill of
costs. The motion for costs shall be noted for consideration pursuant to LCR 7(d)(3). All
costs shall be specified, so that the nature of the charge can be readily understood. The
movant shall verify, in a declaration sworn under penalty of perjury by the party, an
attorney of record, or an agent having knowledge of the facts, that each requested cost is
correct and has been necessarily incurred in the case and that the services for which fees
have been charged were actually and necessarily performed. The fees referred to in this
section refer to filing fees, witness fees, and other types of fees but not to attorney’s fees.
The movant may use a Bill of Costs form, available on the court’s website, to list the costs
and complete the required declaration.
If the party in whose favor judgment is rendered fails to file a motion for costs, all costs,
other than statutory costs, shall be deemed to be waived.
(2) Additional Briefing. A party objecting to any item of costs shall file opposition papers
at the time set forth in LCR 7(d)(3). The moving party shall file a reply, if any, at the time
set forth in LCR 7(d)(3).
(3) Taxation by Clerk. Motions for costs shall be considered by the clerk. All motions
for costs will be decided by the clerk on the written filings and without oral argument
unless the clerk specifically directs the parties to appear for a hearing. The clerk shall
allow such items specified in the motion which are properly chargeable as costs.
In taxing costs, the following rules shall be observed:
(A) The attendance, travel, and subsistence fees of witnesses, for actual and proper
attendance, shall be allowed in accordance with 28 U.S.C. § 1821, whether such
attendance was procured by subpoena or was voluntary;
(B) Reasonable premiums paid on undertakings or bonds or security stipulations shall be
allowed where the same have been furnished by reason of express requirement of law,
rule, or court order;
(C) Expenditures incident to the litigation which were ordered by the court as essential to
Civil Rules
a proper consideration of the case shall be allowed;
(D) All other costs shall be taxed in accordance with 28 U.S.C. §§ 1920, 1921, 1923,
1927, and 2412.
The clerk typically will not tax costs beyond those set forth in the statutes listed above. A
party seeking additional costs may file a motion, directed to the court, seeking an award of
the excess costs.
(4) Appeal. The taxation of costs by the clerk shall be final, unless modified on appeal to
the district court judge or magistrate judge to whom the case was assigned. An appeal
may be taken by filing a motion to retax which shall be filed and served within seven days
after costs have been taxed and which shall specify the ruling(s) of the clerk to which the
party objects. The motion to retax shall be noted for consideration pursuant to LCR
7(d)(3).
Civil Rules
