Bill of Costs

When the bill of costs is used

Timing: after judgment. Local rules usually set the deadline; Rule 54(d)(1) lets the clerk tax costs on 14 days' notice. Post-trial motions come after a verdict or judgment. Their deadlines are short, so timing matters a great deal.

What the rule requires

• 28 U.S.C. § 1920 lists the costs a federal judge or clerk may tax: fees of the clerk and marshal, transcript fees, printing and witness fees, copying and exemplification costs, docket fees, and compensation of court-appointed experts and interpreters.
• Under 28 U.S.C. § 1924, the party must attach an affidavit stating that each item is correct and was necessarily incurred in the case.
• On motion served within the next 7 days after the clerk taxes costs, the court may review the clerk's action (Rule 54(d)(1)).
• Attorney's fees are not among the costs listed in § 1920. They are generally claimed by separate motion under Rule 54(d)(2), usually within 14 days after judgment.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 54(d)(1); 28 U.S.C. §§ 1920, 1924 online. Also, the federal judiciary publishes the current rules and recent amendments.

The bill of costs in state court

This page covers the federal version. In state court, the bill of costs may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

• Costs: court-related expenses that a winning party may recover from the losing party, such as filing fees and transcript fees. In federal court, 28 U.S.C. § 1920 lists taxable costs. Attorney's fees are generally not included in costs.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion for Attorney's Fees and Bill of Costs: requests after judgment for costs and, where a statute, rule or contract allows, attorney's fees.
• Offer of Judgment: a formal written offer by a party defending against a claim to allow judgment on specified terms, with the costs then accrued. If the opposing party serves written notice accepting the offer within 14 days after being served, either party may file the offer, the notice of acceptance and proof of service. The clerk must then enter judgment.
• Writ of Execution (Enforcing a Money Judgment): the court process used to enforce a money judgment.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.

State court procedure for this filing

The federal rule above applies in federal court. In state court, the same filing is governed by that state's own rules of civil procedure, statutes and local court rules. Many states model their rules on the Federal Rules of Civil Procedure, so the requirements are often similar, but names, numbers, deadlines and forms can differ. Always use the version that applies to the court where your case is filed.

Find the rule in your state

In your state's rules, look for the rule on bill of costs. In states that number their rules like the federal rules, it is often the same rule number as the federal rule.