BILL OF COSTS HANDBOOK August 1, 2009 This handbook has been prepared to assist parties in properly completing and filing Bill of Costs. The prevailing party is entitled to reasonable costs as incurred by the proceedings. No costs are allowed unless a party qualifies as, or is determined by the Court to be, the prevailing party. Pursuant to Local Civil Rule 54-2: The plaintiff is the prevailing party when it recovers on the entire complaint; The defendant is the prevailing party when the proceeding is terminated by court-ordered dismissal or judgment in favor of the defendant; The Court shall determine the prevailing party when there is a partial recovery or a recovery by more than one party; The Court shall determine the prevailing party when the case is voluntarily dismissed or otherwise voluntarily terminated. Within (15) days after the entry of judgment, the party entitled to costs shall electronically file a Notice of Application to the Clerk to Tax Costs and shall attach a proposed Bill of Costs on Form CV-59. The Bill of Costs and the Notice of Application to the Clerk to Tax Costs shall be prepared as two separate documents. All costs shall be specified so that the nature of the claim can be readily understood. A courtesy hard copy of the application and Form CV-59 shall be submitted to the Clerk's designee within 24 hours after e-filing. The designee for Los Angeles and Riverside is Lydia Yurtchuk; courtesy copies for Los Angeles and Riverside shall be submitted at the Spring Street Courthouse, Civil Intake section. The designee for Santa Ana is Milli Borgarding; courtesy copies for Santa Ana shall be submitted at the Santa Ana Courthouse, Civil Intake section. The Bill of Costs will be electronically filed by the Clerk's designee once a determination of allowable costs are made. The Notice of Application to the Clerk to Tax Costs shall state the hour and date the application will be made in the event a telephonic or personal appearance is deemed necessary. This date and time cannot be less than 14 days nor more than 21 days from the date that notice is given to other parties. The moving party must select an appropriate hearing date and time. It is not necessary to clear the date with the Court or the Clerk's designee. For Los Angeles and Riverside, effective August 1, 2009, Bill of Costs hearings are scheduled on Thursdays at 9:00 a.m., 10:00 a.m., 11:00a.m. and 1:00 p.m. In person appearances are no longer required. Hearings are conducted telephonically but in most instances, no telephonic hearing is necessary as the Bill of Costs is considered on the papers submitted. If a telephonic or in person appearance is necessary, the designee will contact the parties. To continue or to take a scheduled Bill of Costs hearing off calendar, please call the appropriate telephone number below: for Los Angeles cases assigned to district and magistrate judges located at the Spring Street and Roybal Courthouses, call 213-894-0007 or 213-894-8249; for all cases assigned to Riverside district and magistrate judges, call 213-894-0007 or 213-894-8249. For Santa Ana, Bill of Costs hearings are scheduled on Fridays at 10:00 a.m. or 2:00 p.m. in Room 1-053. It is no longer necessary to complete the Fax Transmission form to request a telephonic appearance.To continue, take a scheduled Bill of Costs hearing off calendar or to ascertain the name of or speak to the person that will be hearing a particular Bill of Costs, call 714-338-4764 or 714-338-4760. If the hearing date falls an a holiday, the next available date shall be used. Please notify the appropriate Clerk's designee at least 24 hours in advance of the hearing date in the following instances: (1) where the matter has been settled, or (2) where one of the parties intends to submit the matter on the documentation filed and not make an appearance at the hearing. Pursuant to Local Civil Rule 54-7, any party may file and serve written objections to any item specified in a Bill of Costs. The grounds for the objection must be specifically stated and they must be filed and served no later than seven (7) days before the date noticed for the application. No verbal objection will be considered. A written response to filed objections may be filed and served no later than three (3) days before the date noticed for the application. A courtesy hard copy of the objection and responses shall be submitted to the Clerk’s designee within 24 hours after e-filing. After considering any objections to the Bill of Costs and any responses thereto, the Clerk shall tax costs; this amount will be included on the docket. The Clerk's decision will be final unless modified by the Court upon review. As soon as practicable after the taxation of costs becomes final, the Clerk shall enter a notation on the docket sheet reflecting the award of costs. A review by the Court can be obtained by filing and serving a motion to retax costs within five (5) days of the Clerk's decision. The review will be limited to the record made before the Clerk and will encompass only those items specifically identified in the motion. ITEMS TAXABLE AS COSTS: Pursuant to Local Rule 54-4, the following fees are taxable as costs: The Clerk's filing fees; Fees for service of process (whether served by the U.S. Marshal or other persons authorized by F.R.CIV.P. 4) and for service of subpoenas pursuant to F.R.Civ.P. 45; United States Marshal's fees include: Fees paid according to 28 U.S.C. Section 1921; Charges connected with caring for property attached, replevied libeled, or held pending stay of execution; The United States Marshal's commission on collections paid to creditors. That commission shall be 1 percent of the amount up to $1,000.00, and ½ of 1 percent of the amount in excess of $1,000, but not less than $2.50 for any collection. Clerk's fees for certification of documents necessary for preparation for a hearing or a trial; Fees for reporter's transcripts, including the cost of the original transcript and one copy, of all or any part of a trial transcript, daily transcript or a transcript of matters occurring before or after trial, if requested by the Court or prepared pursuant to stipulation; Costs incurred with taking oral depositions, including: The cost of the original deposition and one copy used for any purpose in the connection with the case, but not including the cost of videotaped or recorded depositions unless ordered by the Court. Deposition Transcripts (includes non-expedited transcripts, the reporter's appearance fee, fees for binding, bates stamping, non-expedited shipping and handling, processing fee, ASCII disks, production and code compliance charge, electronic transmission charge, miniscripts and witness handing charges); The reasonable fees of a reporter, notary or any other person who reported or transcribed the deposition, but not including the costs of video or audio technicians unless otherwise ordered by the Court; Expedited rates are not allowable unless ordered by the Court; Reasonable witness fees paid to a deponent, including fees actually paid to an expert witness deponent pursuant to F.R.Civ.P. 26(b)(4)(c). However, such fees do not include expert witness fees paid to a trial witness in excess of the statutory witness fees unless otherwise ordered by the Court; Reasonable fees paid to an interpreter whose presence is necessary when taking a deposition; The cost of copying or reproducing exhibits used at the deposition and made a part of the deposition transcript. Witness fees if required to attend by the opposing party or if the witnesses are employees of a corporation and are not parties in their individual capacities: Attendance fees of $40.00 per day; Mileage for transportation to and from the Court at the prevailing rate; Per diem, per day at the prevailing rate; Miscellaneous fee at the prevailing rate. Fees paid to interpreters and translators including: The salaries, fees, expenses and costs of an interpreter as provided by 28 U.S.C. Sections 1827 and 1828; Fees for translation of documents received in evidence, used as part of the proceeding or when otherwise reasonably necessary to the preparation of the case. Docket fees according to 28 U.S.C. Section 1923 (if incurred); The reasonable fees and expenses of masters, commissioners and receivers; Document preparation costs including: The costs of copies of an exhibit attached to a document necessarily filed and served; The cost of copies of documents admitted into evidence when the original is not available or the copy is substituted for the original at the request of an opposing party; Fees concerned with officially certifying that a document or record does not exist; Patent Office charges for the patent file wrappers and prior art patents necessary to the prosecution or defense of a proceeding involving a patent; Notary fees incurred in notarizing a documents when the cost of the document is taxable; Fees for necessary certification or exemplification of any document. Premiums paid on undertakings, bonds, security stipulations or substitutes where required by law, court order, or where necessary to enable a party to secure a right granted in the proceeding. UPON ORDER OF THE COURT, these items may also be taxed as costs: Summaries, computations, polls, surveys, statistical comparisons, maps, charts, diagrams, and other visual aids reasonably necessary to assist the jury or the Court in understanding the issues at trial; Photographs, if admitted in evidence or attached to documents, necessarily filed and served upon the opposing party; The cost of models. SPECIAL CASES: Removed Cases - Costs incurred in state Court prior to removal, which are recoverable under state statutes, shall be recovered by the prevailing party in Federal Court; Costs on Appeal - Costs on appeal taxable in the District Court shall be governed by F.R.App.P. 39(e). Such costs bill is to be filed no later than thirty (30) days after the date the mandate or judgment was issued by the Court of Appeals; Costs on a Bankruptcy Appeal to the District Court - A cost bill on a bankruptcy appeal decided in the District Court is to be filed within fifteen (15) days of the entered date of the order deciding a bankruptcy appeal. The following are taxable as costs for bankruptcy appeals decided by the District Court: The costs of printing or otherwise reproducing briefs or excerpts of the record. A statement by counsel that the cost is no higher than generally charged for such reproduction in the local area and that no more copies than what was actually necessary were reproduced shall be required; The cost of the preparation and transmission of the record; If supersede as or other bonds were purchased in order to preserve rights pending appeal, the premium paid for such bonds; Any clerk’s fees which have actually been paid. IMPORTANT: Each item that is claimed in the Bill of Costs (Form CV-59) must be set forth separately. The prevailing party or attorney having knowledge of the facts shall complete the Declaration portion on with the Bill of Costs verifying that: The items claimed as costs are correct; The costs have been necessarily incurred in the case; The services for which fees have been charged were actually and necessarily performed; Proper itemization and documentation of the actual expenses such as copies of receipts, returned checks, bills, etc. shall be attached as exhibits to the Bill of Costs. WRIT OF EXECUTION: Upon request, the Clerk will issue a Writ of Execution to recover attorney's fees included in the judgment and any separate award of costs by the Clerk when: A certified copy of the final judgment and separate Bill of Costs (Form CV-59)are presented in the District Court; A mandate of the Court of Appeals is presented to recover costs taxed by the Appellate Court. ATTORNEY’S FEES: Pursuant to Local Civil Rule 7, any motion or application for attorney's fees shall be served and filed within fourteen (14) days after the entry of judgment or other final order, unless otherwise ordered by the Court. The motions are heard only by the judge assigned to the case and must be filed separately from the Bill of Costs.