US · rules
D. Ariz. LRCiv 54.1
Costs: Security for, Taxation, Payment
(a) Procedure for Filing Bill of Costs. Costs shall be taxed as provided in
Rule 54(d), Federal Rules of Civil Procedure. A party entitled to costs shall, within
fourteen (14) days after the entry of final judgment, unless time is extended under Rule
6(b), Federal Rules of Civil Procedure, file with the Clerk of Court and serve upon all
parties, a bill of costs on a form provided by the Clerk. This bill of costs shall include a
memorandum of the costs and necessary disbursements, so itemized that the nature of
each can be readily understood, and, where available, documentation of requested costs
in all categories must be attached. The bill of costs shall be verified by a person
acquainted therewith.
(b) Objections, Appearance Not Required. Within fourteen (14) days after
service of the bill of costs, a party objecting to any cost item may file with the Clerk and
serve itemized objections in writing, presenting any affidavits or other evidence in
connection with the costs and the grounds for the objection. Once the fourteen (14) day
objection period has expired, the Clerk shall have thirty (30) days to tax the costs and
allow such items as are properly allowable. In exceptional cases a party may request, by
written motion, that a taxation hearing with parties present be held before the Clerk. The
Clerk may also order the parties to appear for a taxation hearing. In the absence of
objection, any item listed may be taxed in the discretion of the Clerk. The Clerk shall
thereupon docket and include the costs in the judgment. Notice of the Clerk's taxation
shall be given by mailing a copy of the taxation order to all parties in accordance with
Rule 5, Federal Rules of Civil Procedure. The taxation of costs thus made shall be final
unless modified on review by the Court on motion served within seven (7) days
thereafter, pursuant to Rule 54(d), Federal Rules of Civil Procedure.
(c) Security. In every action in which the plaintiff was not a resident of the
District of Arizona at the time suit was brought, or, having been so, afterwards removed
from this District, an order for security for costs may be entered upon application therefor
within a reasonable time upon notice. In default of the entry of such security at the time
fixed by the Court, judgment of dismissal shall be entered on motion.
(d) Prevailing Party Entitlement to Costs. The party entitled to costs shall
be the prevailing party. Generally, a party in whose favor judgment is rendered is the
prevailing party. The prevailing party need not succeed on every issue to be entitled to
costs. Upon entry of judgment on a motion for summary judgment, the party requesting
the summary judgment is the prevailing party. The Court will not determine the party
entitled to costs in actions terminated by settlement; parties must reach agreement on
taxation of costs, or bear own costs.
(e) Taxable items.
(1) Clerk's Fees and Service Fees. Clerk's fees (see 28 U.S.C. § 1920),
and service fees, including private process servers’ fees, are taxable. Fees for admission
pro hac vice are not taxable.
(2) Fees Incident to Transcripts - Trial Transcripts. The cost of the
originals of transcripts of trials or matters prior or subsequent to trial, 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 of a copy 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 an original and copy of
a stenographic transcript of a deposition is taxable if it was necessarily obtained for use in
the case whether or not the deposition was actually received into evidence or was taken
solely for discovery purposes. The cost of obtaining a copy of a stenographic transcript
of a deposition by parties in the case other than the one taking the deposition is also
taxable on the same basis. The reasonable expenses of the deposition reporter and a
notary presiding at the taking of the depositions are taxable, including travel and
subsistence. Counsel fees and other expenses incurred in arranging for and attending 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.
Costs associated with a video recording are not 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 is in
attendance at the Court. Such fees are taxable even though the witness attends
voluntarily upon request and is not under subpoena. Taxable transportation expenses
shall be based on the most direct route at the most economical rate and means reasonably
available to the witness. 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, 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 fees for a witness being deposed shall not depend on
whether or not the deposition is admitted into evidence.
(5) Exemplification and Copies of Papers. The reasonable cost of
copies of papers necessarily obtained from third-party records custodians is taxable. The
reasonable cost of documentary exhibits admitted into evidence at hearing or trial is also
taxable, including the provision of additional copies for the Court and opposing parties.
The cost of copies submitted in lieu of originals because of the convenience of offering
counsel or client are not taxable. All other copy costs are not taxable except by prior
order of the Court.
(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" X 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" X 10" are not taxable except by prior order of the Court.
The cost of models is not taxable except by prior order of the Court. The cost of
compiling maps, 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.
(8) Docket Fees. Docket fees are taxable pursuant to 28 U.S.C. § 1923.
(9) Removed Cases. Fees paid to the Clerk of the State Court prior to
removal are taxable in this Court.
(10) Other items may be taxed with prior Court approval.
Provenance
- Source
- www.azd.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-18
- Content hash
3d09eb0ac265c1714e4b03bfc132cabdd06e00013395d36a78a4f0e3a14e9324
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