VII. JUDGMENT

54.1 Bill of Costs

(a) In General

Unless otherwise ordered by the court, the prevailing party shall be entitled to costs other than attorney's fees.  The party in whose favor a judgment or decree for costs is awarded or allowed by law, and who claims costs, shall within twenty-one (21) days after the time for appeal has expired or within twenty-one (21) days after the issuance of the mandate of the appellate court serve on the attorney for the adverse party and file with the clerk a bill of costs.  Failure to comply with these time limitations shall constitute a waiver of costs, unless the court otherwise orders or counsel are able to agree on the payment of costs.  In the latter case, no bill of costs need be filed.

(b) Form and Content

A bill of costs, prepared on forms available from the clerk's office or on a filing substantially similar, shall comply with the provisions of 28 U.S.C. § 1924 and shall set forth distinctively each item of cost so that the nature of the charge can be readily understood.

The bill of costs shall be supported by a memorandum of law and shall be verified by oath stating that the items are correct, that the costs claimed are allowable by law, that the services have been actually and necessarily performed, and that the disbursements have been necessarily incurred in the action or proceeding.  An itemization of all costs shall be attached to the bill of costs.

(c) Objections

Within fourteen (14) days after service by any party of a bill of costs, any other party may serve and file specific objections in writing to any item(s), setting forth the specific grounds therefore.

If no objections are filed, the clerk shall tax the costs which appear properly claimed.  The clerk may hold an ex parte hearing to resolve issues regarding an unopposed bill of costs.

Not less than twenty-one (21) days after receipt of a party's bill of costs and after consideration of any objections thereto, the clerk shall tax costs and serve copies of the bill of costs as allowed, or an order thereon, on all parties.

(d) Hearing

No hearing on a bill of costs will be conducted unless granted by the clerk.  If the clerk grants such a hearing, the clerk shall give notice of the time of hearing to respective counsel at least three (3) days prior to such hearing.  At the option of the clerk, the hearing may be held by telephone.

If the clerk conducts a hearing, counsel may make specific objections, supported by affidavits or other evidence, to any item(s) of costs.  The clerk shall thereupon tax the costs and cause the amount to be entered on the docket.

(e) Concurrence

Prior to any hearing on a bill of costs, counsel for the party seeking costs shall file a written statement that counsel have made a reasonable effort to resolve any objections to the bill of costs.

(f) Review

The taxation of costs by the clerk shall be final unless modified on review by the court on motion served within seven (7) days thereafter pursuant to Fed. R. Civ. P. 54(d)(1).  The court shall conduct its review based upon the same filings and evidence submitted to the clerk.

History

(§§ (c) and (f) amended 1/1/03; §§ (a), (c) and (f) amended 12/1/09)

54.2 Assessment of Juror Costs

All counsel in civil cases are expected to discuss seriously the possibility of settlement within a reasonable time prior to trial.  The court may assess against any party or attorney the costs of jury attendance if a case is settled after the jury has been summoned.  A jury is considered summoned for trial as of 12:00 p.m. on the business day (exclusive of weekends and holidays) preceding the designated date of trial.  Juror costs shall include mileage, fees, and other expenses.

The court may impose a specific deadline for settlement upon the parties.  If settlement is reached after the deadline, and if, after notice and hearing, the court finds that one (1) or more of the parties or attorneys acted in bad faith, abused judicial process, or failed to exercise reasonable diligence, the court may impose costs and attorney's fees incurred due to the late settlement or impose other appropriate sanctions.

(Amended 1/1/05)

55.1 Default

(a) Entry by Clerk

The clerk shall enter a default against any party who fails to respond to a complaint, crossclaim, or counterclaim within the time and in the manner provided by Fed. R. Civ. P. 12.  The serving party shall give notice of the entry of default to the defaulting party by regular mail sent to the last known address of the defaulted party and shall certify to the court that notice has been sent.

(b) Damages

Any motion for a default judgment pursuant to Fed. R. Civ. P. 55(b) shall contain a statement that a copy of the motion has been mailed to the last known address of the party from whom such damages are sought.  If the moving party knows, or reasonably should know, the identity of any attorney thought to represent the defaulted party, the motion shall also state that a copy has been mailed to that attorney.

History

(§ (a) amended 1/1/97; §§ (a) and (b) amended 1/1/01)

56.1 Summary Judgment

(a) Memorandum in Support

A memorandum in support of a summary judgment motion shall incorporate a short and concise statement of material facts, supported by appropriate record citations, as to which the moving party contends there is no genuine issue to be tried.

(b) Memorandum in Opposition

A memorandum in opposition to a summary judgment motion shall incorporate a short and concise statement of material facts, supported by appropriate record citations, as to which the adverse party contends a genuine dispute exists so as to require a trial. All properly supported material facts set forth in the moving party's factual statement may be deemed admitted unless properly opposed by the adverse party.

History

(Formerly L.R. 7.2(b), renumbered to 56.1, § (b) amended 12/1/13)

62.1 Supersedeas Bonds

A supersedeas bond staying execution of a money judgment shall be in the amount of the judgment, plus interest at a rate consistent with 28 U.S.C. § 1961(a), plus an amount to be set by the court to cover costs and any award of damages for delay.  The parties may waive the supersedeas bond by stipulation without order of the court.