Ind. Appellate Rule 67

Effective January 1, 2001

A. Time for Filing Motion for Costs.

Upon a motion by any party within sixty (60) days after the final decision of the Court of

Appeals or Supreme Court, the Clerk shall tax costs under this Rule.

B. Components.

Costs shall include:

(1) the filing fee, including any fee paid to seek transfer or review;

(2) the cost of preparing the Record on Appeal, including the Transcript, and appendices;

and

(3) postage expenses for service of all documents filed with the Clerk.

The Court, in its discretion, may include additional items as permitted by law. Each party shall

bear the cost of preparing its own briefs.

C. Party Entitled to Costs.

When a judgment or order is affirmed in whole, the appellee shall recover costs. When a judgment has been reversed in whole, the appellant shall recover costs in the Court on Appeal

and in the trial court or Administrative Agency as provided by law. In other cases, the recovery of costs shall be decided in the Court's discretion. Costs against any governmental organization, its officers and agencies, shall be imposed only to the extent permitted by law.

D. Supreme Court Equally Divided.

When the Supreme Court justices participating in an appeal are equally divided, neither party

shall be awarded costs. See Rule 58(C).