Fill and Sign the Taxation of Costs Supreme Court of the United States Form

United States District Court District of Colorado Procedures for Taxing Costs pursuant to 28 U.S.C. 1920 A bill of cost shall be submitted on Form AO133, a copy of which is attached to this handout. An original and a copy of the completed form shall be filed with the Clerk’s office at Room C-145, 1929 Stout Street, Denver, Colorado 80294. Pursuant to D.C. COLO. LR 54.1, a bill of costs; must be filed with the court within 10 days after entry of the judgment or final order. Costs will be taxed by the clerk or a designated deputy. Prior to appearance before the clerk, counsel for the party seeking costs shall file a written statement that a reasonable effort has been made, in a conference with opposing counsel, to resolve disputes regarding costs. If costs are resolved, a stipulation setting forth the amount of costs shall be filed with the court. When filing a bill of costs, be sure to insert in the appropriate box in the lower right hand portion of the form the date and time for your hearing. You may select any Tuesday, Wednesday, or Thursday at 8:30 a.m. or 9:00 a.m. You are to confer with counsel regarding a mutually agreeable date and time. Hearings will be held in the Clerk’s Office. General Information For more information on taxation of costs see 28 U.S.C. 1920, 1923 and 1924 and FRCP Rule 54(d). Motions for attorneys fees and costs are to be filed separately and will be ruled upon by a judge. Witness fees are $40.00 a day and $.345 per mile round trip. Subsistence in Denver is $128.00 if an overnight stay is required and $38.00 for the final day of travel. Substantiating documentation must be submitted in support of costs. If you wish to appear telephonically, please note this on the bill of costs form or in a cover letter. For more information on Taxation of Costs, contact Joe at 303-844-3433. (12/00) Judgment having been entered in the above entitled action on ______________ against __________________________________ $ Amount Taxed Date and Time *** Costs are hereby taxed in the following amount and included in the judgment: Please take notice that I will appear before the Clerk who will tax said costs on the following day and time: Name of Claiming Party DECLARATION NOTE: IT IS YOUR RESPONSIBILITY TO SET THE TIME (ANY TUESDAY, WEDNESDAY, OR THURSDAY AT 8:30 OR 9:00 A.M.) FOR APPEARANCE BEFORE THE CLERK FOR TAXATION. BILL OF COSTS AO 133 (Rev 7/82) MAGISTRATE CASE NO. United States District Court DISTRICT DOCKET NO. the clerk is requested to tax the following as costs: Date BILL OF COSTS Fees for the Clerk …………. ………………………………………………………..….…………… Fees of the court reporter for all or any part of the transcript necessarily obtained for use in the case ………………………………………………………………………… $ Fees for service of summons and complaint …….………………………………..….…………… $ $ Fees and disbursements for printing …………………………………………………..…………… $ Fees for exemplification and copies of papers necessarily obtained for use in the case …………………………………………………………………………….……… $ Fees for witnesses (itemized on reverse side) ……..………………………………..…………… $ Docket fees under 28 U.S.C. § 1923 ………………...………………………………..…………… $ Costs incident to taking of depositions ……….……...………………………………..…………… $ Costs as shown on Mandate of Court of Appeals …….……………………………..…………… $ Other costs (Please itemize) ………………….……………… $ $ $ $ TOTAL Please review and comply with D.C.Colo.L.R.54.1 (See Notice section on reverse side) I declare under penalty if perjury that the foregoing costs are correct and were necessarily incurred in this action and that the services for which fees have been charged were actually and necessarily performed. A copy hereof was this day mailed with postage fully prepaid thereon to: Signature of Attorney Print Name Phone Number ( ) For: Date CLERK OF COURT JAMES R. MANSPEAKER (BY) DEPUTY CLERK DATE Section 1924, Title 28, U.S. Code (effective September 1, 1948) provides: “Sec. 1924. Verification of bill of costs.” “Before any bill of costs is taxed, the party claiming any item of cost or disbursement shall attach thereto an affidavit, made by himself or by his duly authorized attorney or agent having knowledge of the facts, that such item is correct and has been necessarily incurred in the case and that the services for which fees have been charged were actually and necessarily performed.” See also Section 1920 of Title 28 which reads in part as follows: “A bill of costs shall be filed in the case and, upon allowance, included in the judgment or decree.” The Federal Rules of Civil Procedure contain the following provisions: Rule 54 (d) “Except when express provisions thereof is made either in a statute of the United States or in these rules, costs shall be allowed as of course to the prevailing party unless the court otherwise directs, but costs against the United States, its officers, and agencies shall be imposed only to the extent permitted by law. Costs may be taxed by the clerk on one day’s notice. On motion served within 5 days thereafter, the action of the clerk may be reviewed by the court.” D.C. Colo. LR 54.1 Taxation of Costs “Each judgment or the final order shall indicate which party or parties are entitled to costs. A bill of costs must be filed on the form provided by the court within ten days after entry of the judgment or final order. Costs will be taxed by the clerk or a designated deputy. Prior to appearance before the clerk, counsel for the party seeking costs shall file a written statement that a reasonable effort has been made, in conference with opposing counsel, to resolve disputes regarding costs. It costs are resolved, a stipulation setting forth the amount of costs shall be filed with the court.” NOTICE TOTAL Total Cost Each Witness Days Total Cost Days Total Cost Miles Total Cost NAME AND RESIDENCE ATTENDANCE SUBSISTENCE MILEAGE WITNESS FEES (Computation, cf. 28 U.S.C.1821 for statutory fees)