E.D. Wis. Civil L. R. 54

(a) Bill of Costs.

(1) Unless otherwise provided by this Rule, no later than 14 days after

the entry of the judgment, the party in whose favor a judgment for costs is

awarded or allowed by law and who claims the party’s costs must file the

party’s bill of costs and serve the bill of costs on all opposing parties. The Clerk

of Court’s office has forms available for this process or the party may use the

party’s own forms. If a timely Fed. R. Civ. P. 59 motion for a new trial or

amendment of the judgment has been filed, the time for filing and serving the

bill of costs commences upon the entry of the order resolving the motion.

(2) When an appeal is taken, the parties may file a stipulation to delay

the filing of the bill of costs until after the appeal is decided. Absent a filed

stipulation or Court order, the appeal will not delay the taxing of costs.

(3) Unless otherwise determined by the Clerk of Court, the non-claiming

party must serve any objections, accompanied by a short memorandum, within

14 days of the service of the bill of costs. The party claiming costs must serve

any response within 7 days of service of the objections. The non-claiming party

must serve any reply within 7 days of the service of the response. Costs will be

taxed by the Clerk of Court on the basis of the written memoranda.

(b) Items Taxable as Costs. The following is the practice of the Court

concerning items of costs not otherwise allowed or prohibited by statute:

(1) Fees of the Court Reporter for All of or Any Part of the

Transcript Necessarily Obtained for Use in the Case. The costs of the

original transcript, if paid by the taxing party, and the cost of the taxing party's

copy are taxable. The costs of a transcript of other court proceedings are

taxable if the transcript was necessary for appeal, requested by the Court, or

prepared pursuant to stipulation of the parties and necessarily obtained for

use in the case. In the case of a daily transcript, the parties must follow Civil

L. R. 54(b)(5).

(2) Deposition Costs. The court reporter's charge for the original of a

deposition, if paid by the taxing party, and the taxing party's copy are taxable

if the deposition was reasonably necessary for use in the case, whether or not

it was used at trial. Reasonable expenses of the reporter, the presiding notary

or other official are taxable. Counsel's fees and expenses in attending and

taking the deposition are not taxable. Per diem attendance fees for a witness

at a deposition are taxable as per 28 U.S.C. § 1821. If a translator is needed to

take the deposition, a reasonable translator fee is taxable.

(3) Witness Fees, Mileage, and Subsistence. The rate for witness

fees, mileage, and subsistence are fixed by statute. (See 28 U.S.C. § 1821 and

Civil L. R. 54(b)(5).) Such fees are taxable whether or not the witness attends

voluntarily or is under subpoena and whether or not the witness testified at

the trial, provided the witness was available and ready to testify and received

a witness fee. No party shall receive witness fees for testifying in his or her

own behalf. Fees for expert witnesses are not taxable in a greater amount than

that statutorily allowable in the case of ordinary witnesses, except in

exceptional circumstances by order of the Court.

(4) Copying Costs. Taxable costs include the cost of copying papers

(including, but not limited to, maps, charts, photographs, summaries,

computations, and statistical comparisons) that are reasonably necessary for

use in the case (see 28 U.S.C. § 1920(4)).

(5) Other Costs. The Clerk of Courts will not tax the cost of

demonstrative evidence created for use in the case, daily transcripts, witness

fees for mileage for trial witnesses coming from outside of the District in excess

of 100 miles from the place of trial, and expert witness fees in excess of the

statutory allowance, unless the party requesting taxation obtained Court

approval before the costs were incurred, and in the case of demonstrative

evidence, before the evidence was used at trial.

(c) Review of Costs. A party may move for review of the Clerk of Court's

decision taxing costs pursuant to Fed. R. Civ. P. 54(d) within 7 days from taxation.

The motion, supporting papers, and scheduling must conform to Civil L. R. 7.