US · rules
E.D.N.C. Local Civil Rule 54.1
Application for Costs
(a) Filing Bill of Costs.
(1) A prevailing party may request that the clerk tax allowable costs,
other than attorney’s fees, in a civil action as part of a judgment or
decree by filing a bill of costs on AO Form 133(available on the
court’s internet website) within 30 days after:
(A) the expiration of time allowed for appeal of a final judgment or
decree; or
(B) receipt by the clerk of the mandate or other order terminating the
action on appeal.
(2) The original bill of costs shall be filed with the clerk, with copies
served on adverse parties.
(3) The failure of a prevailing party to timely file a bill of costs shall
constitute a waiver of any claim for costs.
(4) Guidelines for filing applications for costs may be found on the
court’s website.
(b) Objections to Bill of Costs.
(1) If an opposing party objects to the bill of costs or any item claimed
by a prevailing party, that party must file a response in opposition
within 14 days after the filing of the bill of costs. Within 7 days
thereafter, the prevailing party may file a reply. Unless a hearing is
ordered by the clerk, a ruling will be made by the clerk on the record.
(c) Objections to the Ruling of the Clerk
A party may request review of the clerk’s ruling by filing a motion within
7days after the action of the clerk. The court’s review of the clerk’s action
will be made on the existing record unless otherwise ordered.
(d) Taxable Costs.
(1) Items normally taxed include, without limitation:
(a) those items specifically listed on the bill of costs form. The
costs incident to the taking of depositions (when allowable as
necessarily obtained for use in the litigation) normally
include only the reporter’s fee and charge for one transcript
of the deposition;
(b) premiums on required bonds;
(c) actual mileage, subsistence, and attendance allowances for
necessary witnesses at actual costs, not to exceed the
applicable statutory rates, whether the witnesses reside in or
out of the district;
(d) one copy of the trial transcript for each unrepresented person
and one copy for each party represented by a separate
attorney.
(2) Items normally not taxed include, without limitation:
(a) witness fees, subsistence, and mileage for individual parties,
real parties in interest, parties suing in representative
capacities, and the officers and directors of corporate parties;
(b) multiple copies of depositions;
(c) daily copies of trial transcripts, unless prior court approval
has been obtained.
(e) Costs in Settlements.
The court will not tax costs in any action terminated by compromise or
settlement. Settlement agreements must resolve any issue relating to costs.
In the absence of specific agreement, each party will bear its own costs.
(f) Payment of Costs.
Costs are to be paid directly to the party entitled to reimbursement.
Provenance
- Source
- www.nced.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
218a09b1f1118a2ba3f011288f1aad40ba71b72fe6f7560126da3f40d72743cd
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