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Taxation of Costs by Clerk; Deadline for Motions for Attorney Fees and Motions for Costs Requiring Court Order

Local Rule Number: 
Rule 7054-1
7000 Series

(A)      Costs Taxable by the Clerk. The clerk shall tax costs only where the judgment entered by the court specifically awards costs to the prevailing party. The clerk shall tax only those costs permitted by the court’s “Guidelines for Taxation of Costs” and any costs not identified under 28 U.S.C. §1920 but awarded as recoverable in a Bill of Costs by a separate court order. Request for attorney fees shall not be presented or taxed in a Bill of Costs.

(B)       Local Form Bill of Costs.  Parties requesting taxation of awarded costs shall submit to the clerk a proposed Local Form “Bill of Costs” and file a certificate of service in accordance with Local Rule 2002-1(F).   The clerk may require the submission of supporting documentation prior to determination of the bill of costs.

(C)       Deadline for Filing.  The proposed bill of costs shall be submitted not later than 14 days after entry of final judgment or order allowing costs.

(D)       Notice to Parties of Costs Taxed by Clerk. The clerk shall review the proposed bill of costs and tax costs on 14 days’ notice.  The issued bill of costs shall be served by the clerk on all parties.

(E)        Court Review of Costs Taxed by Clerk.  On motion timely filed and served within seven days as provided by Bankruptcy Rule 7054(b)(1), the action of the clerk under section (D) of this Rule may be reviewed by the court.

(F)       Deadline for Motions for Attorney Fees and Motions for Costs Requiring Separate Court Order.  Motions for attorney fees required under Bankruptcy Rule 7054(b)(2)(a) and requests for costs which require a separate order under subdivision (A) of this Rule shall be considered only upon motion to the court filed within 14 days after entry of the judgment. A certificate of service must be filed in accordance with Local Rule 2002-1(F).

[Comment: See also “Guidelines for Preparing, Submitting, and Serving Orders”, Bankruptcy Rule 8014 and Local Rule 8014-1 (taxation of costs on appeal) and 28 U.S.C. §§1920-1924.]

☞2015 Amendment: Rewritten for clarity and to conform to amendments to FRCP 7054 deadline.