M.D. Pa. L.R. 54.4

Costs shall be taxed in conformity with the provisions of 28 U.S.C. §§ 1920 - 1923 and

such other provisions of law as may be applicable and such directives as the court may from

time to time issue. Taxable items include:

(1) Clerk's Fees and Service Fees. Clerk's fees (see 28 U.S.C. § 1920) and service fees

are allowable by statute. Fees required to remove a case from the state court to federal court

are allowed as follows: fees paid to clerk of state court; fees for services of process in state

court; costs of documents attached as exhibits to documents necessarily filed in state court,

and fees for witnesses attending depositions before removal.

(2) Trial Transcripts. The cost of an original of a trial transcript, a daily transcript and of

a transcript of matters prior or subsequent to trial, furnished to the court 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 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 the original deposition and/or a copy is

taxable whether or not the same is actually received into evidence, and whether or not it is

taken solely for discovery, regardless of which party took the deposition. Additional copies are

not taxable. The reasonable expenses of the deposition reporter, and the notary, or other

official presiding at the taking of the depositions are taxable, including travel and subsistence.

Expenses incurred in taking 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. Fees for videotaped

depositions may not be taxed without prior court approval. The witness need not be under

subpoena. A reasonable fee for a necessary interpreter at the taking of a deposition is 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 necessarily attends the court. Such

fees are taxable even though the witness attends voluntarily upon request and is not under

subpoena. The mileage taxation is that which is traveled based on the most direct route.

Mileage fees for travel outside the district shall not exceed 100 miles each way without prior

court approval. 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 in his

or her own behalf 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 of fees for a witness on deposition shall not depend on whether or not

the deposition is admitted into evidence.

(5) Exemplification and Copies of Papers. The cost of an exhibit necessarily attached

to a document (or made part of a deposition transcript) required to be filed and served is

taxable. The cost of copies submitted in lieu of originals because of the convenience of offering

counsel or client are not taxable. The cost of reproducing copies of motions, pleadings, notices

and other routine case papers is not taxable. The cost of reproducing the required number of

copies of the clerk's record on appeal is allowable.

(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" by 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 then

8" by 10" are not taxable except by order of the court. The cost of models is not taxable except

by order of the court. The cost of compiling 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. The reasonable fee of a competent translator is taxable if

the document translated is necessarily filed, or admitted in evidence.

(8) Docket Fees. Docket fees and costs of briefs are taxable pursuant to 28 U.S.C. §

1923.

(9) Other items may be taxed with prior court approval.

(10) The certificate of counsel required by 28 U.S.C. § 1924 and the local rules shall be

prima facie evidence of the facts recited therein. The burden is on the opposing party to

establish that a claim is incorrectly stated, unnecessary or unreasonable.