COSTS

39.1 Certification or Certiorari to Supreme Court Table of Contents 39 3RD CIRCUIT LOCAL APPELLATE RULES August 1, 2011 In all cases certified to the Supreme Court or removed thereto by certiorari, the fees of the clerk of this court must be paid before a transcript of the record is transmitted to the Supreme Court. Source: 1988 Court Rule 17.1 Cross-references: 28 U.S.C. §§ 1254, 1913, 1920; FRAP 39 Committee Comments: This rule was renumbered by the 1995 revision of the rules; no substantive change from prior Court Rule 17.1 is intended. 39.2 Schedule of Fees and Costs Pursuant to 28 U.S.C. § 1913, a uniform schedule of fees and costs is prescribed from time to time by the Judicial Conference of the United States. An up-to-date schedule can be found as an annotation to 28 U.S.C. § 1913 in the United States Code, the United States Code Annotated, and West's Federal Civil Judicial Procedure and Rules manual.

Source: 1988 Court Rule 17.2 Cross-references: 28 U.S.C. § 1913; FRAP 39 Committee Comments: The provisions of prior Court Rule 17.2 that were repetitive of 28 U.S.C. § 1913 and FRAP 3(b) and 24(a) have been deleted. The provisions of prior Court Rule 17.2 regarding the costs of printed opinions have been moved to 3d Cir. L.A.R. 36.2. 39.3 Taxation of Reproduction Costs The cost of printing or otherwise producing necessary copies of briefs and appendices are taxable as follows: (a) Number of Briefs.

Costs will be allowed for ten (10) copies of each brief required to be filed with the court, two copies for the prevailing party, and one (1) copy for each party separately represented, unless the court directs a greater number of briefs to be filed. If costs are claimed for providing paper copies to parties who have consented to electronic service, and the certificate of service does not state that paper copies were provided, the clerk may require proof that paper copies were actually supplied. (b) Number of Appendices. Costs will be allowed for four (4) copies of the appendix required to be filed with the court plus one (l) copy for each party separately represented, unless the court directs a greater number of appendices to be filed.

If costs are claimed for providing paper copies to parties who have consented to electronic service and the certificate of service does not state that paper copies were provided, the clerk may require proof that paper copies were actually supplied. Table of Contents 40 3RD CIRCUIT LOCAL APPELLATE RULES August 1, 2011 (c) Costs of Reproduction of Briefs and Appendices. In taxing costs for printed or photocopied briefs and appendices, the clerk will tax costs at the following rates, or at the actual cost, whichever is less, depending upon the manner of reproduction or photocopying: (1) Reproduction (whether by offset or typography): Reproduction per page (for 20 copies or less) Covers (for 20 copies or less) Binding per copy Sales tax $ 4.00 $50.00 $ 4.00 Applicable Rate (2) Photocopying (whether in house or commercial): Reproduction per page per copy Binding per copy Covers (for 20 copies or less) Sales Tax $ .10 $ 4.00 $40.00 Applicable Rate (3) In the event a party subsequently corrects deficiencies in either a brief or appendix pursuant to 3d Cir. L.A.R. Misc.

107.3 and that party prevails on appeal, costs which were incurred in order to bring the brief or appendix into compliance may not be allowed. (d) Other Costs. No other costs associated with briefs and appendices, including the costs of typing, word processing, preparation of tables and footnotes, and electronic filing will be allowed for purposes of taxation of costs. Source: 1988 Court Rule 20.1 Cross-references: 28 U.S.C. § 1920; FRAP 39 Committee Comments: Sales tax will be included in the costs only when actually paid to a commercial photocopying service.

No substantive change from prior Court Rule 20.1 is intended. Amended in 2011 to conform to L.A.R. 31 regarding copies to be served on opposing counsel and to clarify that costs for reproduction of paper briefs for opposing parties are recoverable only if paper briefs are actually provided. 39.4 Filing Date; Support for Bill of Costs (a) The court will deny untimely bills of cost unless a motion showing good cause is filed with the bill. (b) Parties must submit the itemized and verified bill of costs on a standard form to be provided by the clerk.

Table of Contents 41 3RD CIRCUIT LOCAL APPELLATE RULES August 1, 2011 (c) An answer to objections to a bill of costs may be filed within14 days of service of the objections. Source: 1988 Court Rules 20.2, 20.3 Cross-references: FRAP 39 Committee Comments: The portions of prior Court Rules 20.2 and 20.3 that were repetitive of FRAP 39 were deleted in 1995. The rule now specifically allows for an answer to objections, a codification of existing practice. Otherwise, no substantive change from prior Court Rules 20.2 and 20.3 is intended.

Time changed to 14 days in 2010 to conform to amendments in FRAP.