US · rules
D.N.H. LR 54.1
Bill of Costs
(a) In General. Unless otherwise ordered by the court, the prevailing party shall be
entitled to costs other than attorney’s fees. The party in whose favor a judgment or decree for
costs is awarded or allowed by law, and who claims costs, shall within twenty-one (21) days
after the time for appeal has expired or within twenty-one (21) days after the issuance of the
mandate of the appellate court serve on the attorney for the adverse party and file with the
clerk a bill of costs. Failure to comply with these time limitations shall constitute a waiver of
costs, unless the court otherwise orders or counsel are able to agree on the payment of costs.
In the latter case, no bill of costs need be filed.
(b) Form and Content. A bill of costs, prepared on forms available from the clerk’s office
or on a filing substantially similar, shall comply with the provisions of 28 U.S.C. § 1924 and
shall set forth distinctively each item of cost so that the nature of the charge can be readily
understood.
The bill of costs shall be supported by a memorandum of law and shall be verified by oath
stating that the items are correct, that the costs claimed are allowable by law, that the services
have been actually and necessarily performed, and that the disbursements have been
necessarily incurred in the action or proceeding. An itemization of all costs shall be attached
to the bill of costs.
(c) Objections. Within fourteen (14) days after the filing of a bill of costs, any other party
may serve and file specific objections in writing to any item(s), setting forth the specific
grounds therefore.
If no objections are filed, the clerk shall tax the costs which appear properly claimed. The
clerk may hold an ex parte hearing to resolve issues regarding an unopposed bill of costs.
Not less than twenty-one (21) days after the filing of a party’s bill of costs and after
consideration of any objections thereto, the clerk shall tax costs and serve copies of the bill of
costs as allowed, or an order thereon, on all parties.
(d) Hearing. No hearing on a bill of costs will be conducted unless granted by the clerk. If
the clerk grants such a hearing, the clerk shall give notice of the time of hearing to respective
counsel at least three (3) days prior to such hearing. At the option of the clerk, the hearing
may be held by telephone.
If the clerk conducts a hearing, counsel may make specific objections, supported by affidavits
or other evidence, to any item(s) of costs. The clerk shall thereupon tax the costs and cause
the amount to be entered on the docket.
(e) Concurrence. Prior to any hearing on a bill of costs, counsel for the party seeking
costs shall file a written statement that counsel have made a reasonable effort to resolve any
objections to the bill of costs.
(f) Review. The taxation of costs by the clerk shall be final unless modified on review by
the court on motion filed within seven (7) days thereafter pursuant to Fed. R. Civ. P.
54(d)(1). The court shall conduct its review based upon the same filings and evidence
submitted to the clerk.
(§§ (c) and (f) amended 1/1/03; §§ (a), (c) and (f) amended 12/1/09; §§ (c) and (f) amended
12/1/21)
Provenance
- Source
- www.nhd.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
cf9970ab3e5482fb54d554700f592f8d61b19baa87edef3d61088e5635e0d33b
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