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4th Cir. R. 39(c)

Recovery of Costs in the District Court

activein force · 2025-12-01 – presentact-effective-date

Although some costs are "taxable" in the Court of Appeals, all costs are recoverable in the

district court after issuance of the mandate. If the matter of costs has not been settled before

issuance of the mandate, the clerk will send a supplemental "Bill of Costs" to the district court for

inclusion in the mandate at a later date.

Various costs incidental to an appeal must be settled at the district court level. Among such

items are: (1) the cost of the reporter's transcript; (2) the fee for filing the notice of appeal; (3) the

fee for preparing and transmitting the record; and (4) the premiums paid for any required appeal

bond. Application for recovery of these expenses by the successful party on appeal must be made in

the district court, and should be made only after issuance of the mandate by the Court of Appeals.

These costs, if erroneously applied for in the Court of Appeals, will be disallowed without prejudice

to the right to reapply for them in the district court.

Former Local Rule 39 redesignated Local Rule 39(a) December 1, 1995; amended December 1, 1998, and September 1,

2011.

History

Local Rule 39(b) adopted December 1, 1995. Local Rule 39(c) adopted December 1, 1995; amended October 1, 2015, and December 1, 2025. Former I.O.P.-39.1 rescinded December 1, 1995.

Provenance

Source
uscourts.gov
Retrieved
2026-09-18
Edition
2026-09-18
Content hash
2071813ceec5bd102f6ccbd197a09d69ae4c0fc19936181d6c83c02f8ee314f7
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