PART 1. CIVIL RULES AND GENERAL PROVISIONS

Section VII. Judgement


RULE 54.1

TAXATION OF COSTS

(a) Within fourteen (14) days after entry of judgment, under which costs may be claimed, the prevailing party may serve and file a cost bill requesting taxation of costs itemized thereon. Said party shall also submit copies for all parties on which the clerk shall endorse the clerk's action and which shall be mailed to all such parties when costs have been taxed. The cost bill shall itemize the costs claimed and be supported by a certificate of counsel that the costs are correctly stated, were necessarily incurred, and are allowable by law. The court will enforce the provisions of 28 U.S.C. 1927 in the event an attorney or other person admitted to practice in this court causes an unreasonable increase in costs. Not less than twenty (20) days after receipt of a party's cost bill, the clerk, after consideration of any objections thereto, shall tax costs and shall serve copies of the cost bill upon all parties of record. The cost bill should reflect the clerk's action as to each item contained therein. Within fourteen (14) days after service by any party of its cost bill, any other party may serve and file specific objections to any items setting forth the grounds therefor.

(b) Costs shall be taxed in conformity with the provisions of 28 U.S.C. 1920-1923 and such other provisions of law as may be applicable and such directives as the court may from time to time issue. Taxable items include:

(1) Clerk's Fees and Service Fees. Clerk's fees (see 28 U.S.C. 1920) and service fees are allowable by statute. Fees required to remove a case from the state court to federal court are allowed as follows: fees paid to clerk of state court; fees for services of process in state court; costs of documents attached as exhibits to documents necessarily filed in state court, and fees for witnesses attending depositions before removal.

(2) Trial Transcripts. The cost of the originals of a trial transcript, a daily transcript and of a transcript of matters prior or subsequent to trial, furnished the court is taxable at the rate authorized by the Judicial Conference when either requested by the court, or prepared pursuant to stipulation. mere acceptance by the court does not constitute a request. Copies of transcripts for counsel's own use are not taxable in the absence of a special order of the court.

(3) Deposition Costs. The reporter's charge for the original deposition and copy is taxable whether or not the same is actually received in evidence, or whether or not it is taken solely for discovery. Other copies are not taxable, regardless of which party took the deposition. The reasonable expenses of the deposition reporter, and the notary, or other official presiding at the taking of the depositions are taxable, including travel and subsistence. Counsel's fees, expenses in arranging for taking of a deposition are not taxable. Fees for the witness at the taking of a deposition are taxable at the same rate as for attendance at trial. The witness need not be under subpoena. A reasonable fee for a necessary interpreter at the taking of a deposition is taxable.

(4) Witness Fees, Mileage and Subsistence. The rate for witness fees, mileage and subsistence are fixed by statute (see 28 U.S.C. 1821). Such fees are taxable even though the witness does not take the stand, provided the witness necessarily attends the court. Such fees are taxable even though the witness attends voluntarily upon request and is not under subpoena. The mileage taxation is that which is traveled based on the most direct route. Mileage fees for travel outside the district shall not exceed 100 miles each way without prior court approval. Witness fees and subsistence are taxable only for the reasonable period during which the witness is within the district. No party shall receive witness fees for testifying in his or her own behalf but this shall not apply where a party is subpoenaed to attend court by the opposing party. Witness fees for officers of a corporation are taxable if the officers are not defendants and recovery is not sought against the officers individually. Fees for expert witnesses are not taxable in a greater amount than that statutorily allowable for ordinary witnesses. Allowance of fees for a witness on deposition shall not depend on whether or not the deposition is admitted in evidence.

(5) Exemplification and Copies of Papers. The cost of an exhibit necessarily attached to a document (or made part of a deposition transcript) required to be filed and served is taxable. The cost of copies submitted in lieu of originals because of the convenience of offering counsel or his or her client are not taxable. The cost of reproducing copies of motions, pleadings, notices and other routine case papers is not taxable. The cost of reproducing the required number of copies of the clerk's record on appeal is allowable.

(6) Maps, Charts, Models, Photographs, Summaries, Computations and Statistical Summaries. The cost of maps and charts are taxable if they are admitted into evidence. The cost of photographs 8" by 10" in size or less, are taxable if admitted into evidence, or attached to documents required to be filed and served on opposing counsel. Enlargements greater than 8" by 10" are not taxable except by order of the court. The cost of models is not taxable except by order of the court. The cost of compiling summaries, computations and statistical comparisons is not taxable.

(7) Interpreter Fees. The reasonable fee of a competent interpreter is taxable if the fee of the witness involved is taxable. The reasonable fee of a competent translator is taxable if the document translated is necessarily filed, or admitted in evidence.

(8) Docket Fees. Docket fees and costs of briefs are taxable pursuant to 28 U.S.C. 1923.

(9) Other items may be taxed with prior court approval.

(10) The certificate of counsel required by 28 U.S.C. 1924 and the Local Rules shall be prima facie evidence of the facts recited therein. The burden is on the opposing party to establish that a claim is incorrectly stated, unnecessary or unreasonable.

(c) A review of the decision of the clerk in the taxation of costs may be taken to the court on a motion to retax by any party, pursuant to Fed. R. Civ. P. 54(d), upon written notice thereof, served and filed with the clerk within five (5) days after the costs have been taxed in the clerk's office, but not afterwards. The motion to retax shall particularly specify the ruling of the clerk excepted to, and no others will be considered. The motion will be considered and determined upon the same papers and evidence used by the clerk and upon such memorandum of points and authorities as the court may require. A hearing may be scheduled at the discretion of the trial judge.

 

Revised 8/1/97

RELATED AUTHORITY

Fed. R. Civ. P. 54(d) , 28 U.S.C. 1821, 28 U.S.C. 1920


RULE 54.2

JURY COST ASSESSMENT

When a civil action has been settled or otherwise disposed of in or out of court, it is the duty of counsel to inform the clerk by 3 p.m. of the day immediately prior to trial. Costs may be assessed against counsel for failure to do so. In the event that failure to give notice hereunder results in the reporting of prospective jurors for service in the case, costs may include one day's fees for prospective jurors so reporting.

RELATED AUTHORITY

NONE


RULE 54.3

AWARD OF ATTORNEY FEES

(a) Claims for attorney fees will not be treated as routine items of costs. Attorney fees will only be allowed upon an order of a judge of the court after such fact finding process as the judge shall order.

(b) Within fourteen (14) days after entry of final judgment, a party claiming the right to allowance of attorney fees may file and serve a petition for such allowance. The petition shall state the amount claimed and cite the legal authority relied on. The petition shall be accompanied by an affidavit of counsel setting forth the following: (1) date(s), (2) service(s) rendered, (3) hourly rate, and (4) hours expended; a statement of attorney fee contract with the client; and information, where appropriate, as to other factors which might assist the court in determining the dollar amount of fee to be allowed. Petitions for attorney fees and cost bills shall be filed as separate documents. Failure to comply with this requirement will result in delay in processing.

(c) Within fourteen (14) days after receipt of a party's petition for allowance of attorney fees, any other party may serve and file objections to the allowance of fees or any portion thereof. The objecting party shall set forth specific grounds of objection.

RELATED AUTHORITY

28 U.S.C. 2412


RULE 56.1

SUMMARY JUDGMENT PROCEDURE

(a) There shall be served and filed with each motion for summary judgment a concise statement of the material facts as to which the moving party contends there are no genuine issues of dispute.

(b) Any party opposing the motion may, not later than fourteen (14) days after the service of the motion on such opposing party, serve and file a concise statement setting forth all material facts as to which it is contended there exists genuine issues necessary to be litigated.

RELATED AUTHORITY

Fed. R. Civ. P. 7(b), 56, 78


RULE 58.1

ENTRY OF JUDGMENT

In every action or proceeding terminating in a judgment, there shall be filed, separate from any findings of fact, conclusions of law, memorandum, opinion, or order, a judgment which shall state in simple and direct terms the judgment of the court, shall be signed by the judge or the clerk as allowed by D. Id. L. Civ. R. 77.2 and shall comply in other respects with Fed. R. Civ. P. 58.

RELATED AUTHORITY

Fed. R. Civ. P. 58


RULE 58.2

SATISFACTION OF JUDGMENT

Whenever the amount directed to be paid by any judgment or order, together with interest (if interest accrues) and the clerk's statutory charges, shall be paid into court by payment to the clerk, the clerk shall enter satisfaction of said judgment or order. The court shall enter satisfaction of any judgment or order on behalf of the United States upon the filing of a written acknowledgment of satisfaction thereof by the United States Attorney, and in other cases, upon the filing of a written acknowledgment of satisfaction made by the judgment-creditor and the judgment-creditor's attorney, and by the legal representatives or assigns of the judgment-creditor with evidence of their authority, within two years after the date of entry of the judgment or order, and thereafter upon written acknowledgement by the judgment-creditor or by the judgment-creditor's legal representatives or assigns with evidence of their authority.

RELATED AUTHORITY

Fed. R. Civ. P. 54, 58, 79(a)(b)


RULE 62.2

SUPERSEDEAS BONDS

(a) Approval, Filing, and Service. If eligible under D. Id. L. Civ. R. 67.1, the bond may be approved and filed by the clerk. A copy of the bond plus notice of filing shall be served on all affected parties promptly.

(b) Objections. The court shall determine objections to the form of the bond or sufficiency of the surety.

(c) Execution. Except where otherwise provided by Fed. R. Civ. P. 62, or order of the court, execution may issue after ten (10) days from the entry of a judgment unless a supersedeas bond has been approved by the judge or the clerk.

RELATED AUTHORITY

None