(a) Procedure for Taxation.
(1) Form and Deadline. The party entitled to recover costs must file a bill of costs on a form provided by the clerk (availableat the clerk’s office or on the court’s web site under the Formssection) within 30 days after:
(A) the expiration of time allowed for appeal of afinal judgment or decree; or
(B) receipt by the clerk of an order terminating theaction on appeal.
(2) Memorandum Required. The party seeking costs must file a memorandum in support of its costs with the bill of costs. The memorandum must:
(A) clearly and concisely itemize and describe the costs (the clerk may disallow costs for failure to itemize and verify costs);
(B) set forth the statutory and factual basis for there imbursement of those costs under 28 U.S.C. § 1920;
(C) reference and include copies of relevant invoices, receipts, and disbursement instruments in support of the requested costs; and
(D) state that the party has made a reasonable effort, in a conference with the opposing counsel or pro se party, to resolve disputes regarding costs.
(3) Waiver. The failure of a prevailing party to timely file a bill of costs constitutes a waiver of taxable costs.
(4) Stipulation. If the parties resolve costs, the party seeking costs must file a stipulation setting forth the amount of costs agreed upon within 14 days after the conference with the opposing counsel or pro se party.
(b) Objections to Bill of Costs.
(1) Response Memorandum. Within 14 days from the date the bill was filed, a party who objects to any item in a bill of costsmust file a memorandum setting forth such objections with supporting documentation.
(2) Reply Memorandum. Within 7 days from the date the response memorandum was filed, the moving party may file a reply memorandum.
(3) Clerk’s Action. When objections are filed, the clerk will consider the objections and any reply, and will tax costs subject toreview by the court. If no timely objections are filed, the clerk may tax costs as claimed in the bill.
(c) Judicial Review. Pursuant to Fed. R. Civ. P. 54(d), the court may review the clerk’s action when a party files and serves amotion for review within 7 days of the date the clerk taxes costs.
(d) To Whom Payable. All costs taxed are payable directly to the party entitled thereto – not to the clerk or court – except in the following cases:
(1) where the court orders otherwise;
(2) in criminal cases;
(3) in suits for civil penalties for violations of criminal statutes; and
(4) in government cases not handled by the Department of Justice.
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