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)