Depositions in Adversary Proceedings and Contested Matters.

(a) Notices of Deposition. Counsel shall confer about the scheduling of depositions before serving deposition notices. Unless otherwise agreed by the parties or ordered by the court, notices of deposition shall be served at least ten (10) days before the scheduled deposition. (b) Non-appearance.

Failure of a deponent to appear at the time and place designated may result in sanctions pursuant to BR 7037 or 9016, unless a motion for protective order and a notice of non-appearance are served at least three (3) days before the scheduled deposition. Frivolous motions or motions filed for dilatory purposes may also result in sanctions. (c) Deposition Fees. A court reporter must certify in a deposition transcript the reporter’s fees for the deposition.

(d) Depositions Not Filed. Unless the court orders otherwise, deposition transcripts and certificates of completion of depositions shall not be filed. - 15 - 7054-1 Taxing Costs in Adversary Proceedings and Contested Matters. (a) Motion to Tax Costs; Bill of Costs. Within fourteen (14) days after entry of a final judgment or order, a party may file and serve upon all adverse parties a motion to tax costs.

The motion shall include a bill of costs verified pursuant to 28 U.S.C. § 1924 that itemizes the costs claimed under 28 U.S.C. § 1920. Copies of receipts, billings, and payments shall be attached to the bill of costs. (b) Objections. Notice of a motion to tax costs shall give adverse parties fourteen (14) days to file and serve objections.

(c) Taxation by Clerk. Unless otherwise ordered, the clerk will tax costs without a hearing if no objections are timely filed. A request for court review of the clerk’s action must be filed within fourteen (14) days after entry of the clerk’s order taxing costs. (d) Allowable Costs.

(1) Transcripts. The cost of an original trial or hearing transcript is taxable when authorized by the court before transcription. The reporter’s charge for the original or a copy of a deposition transcript is taxable when the transcript was reasonably necessary to the litigation, as determined by the court. (2) Fact and Expert Witness Costs.

Witness fees, mileage, and subsistence costs are taxable if the witness testified at trial, or at a deposition found reasonably necessary to the litigation. The request to tax witness costs shall separate fees, mileage, and subsistence costs. A testifying party may not receive witness fees, mileage, or subsistence costs, so no such expenses can be taxed. An expert witness fee is not taxable unless the court appointed the expert and approved the fee.

Witness fees, mileage, and subsistence costs for an expert witness not appointed by the court are taxable the same as, and subject to the same restrictions as, lay witnesses fees, mileage, and subsistence costs. (3) Interpreter and Translator Fees. An interpreter’s fee is taxable if the interpreted witness’s costs are taxable. A translator’s fee is taxable if the translated documents were admitted into evidence.

(4) Document Copies. The cost of copying exhibits is taxable when the exhibits are requested by the court or admitted into evidence. The cost of copying 8” x 10” or smaller photographs is taxable if the photographs are admitted into evidence. The following costs are not taxable unless the court orders otherwise: the cost of copying photographs larger than 8” x 10”; the cost of charts or models; and the cost of compiling summaries, computations, or statistical comparisons.

(5) Jury Costs. All jury costs, mileage, and allowances for subsistence are taxed equally to all parties when a jury trial is settled or otherwise disposed of in advance of trial or during trial but prior to verdict. No assessment will be made if the clerk is notified of the settlement before noon on the business day before the action is set for trial or if good cause is shown. - 16 - 7055-1 Default Judgment. A party seeking a default judgment in an adversary proceeding must file a combined motion for clerk’s entry of default and for default judgment.

The motion must be served in accordance with BR 7005 on the defendant against whom the judgment is sought. Note: See the Online Manual for suggested instructions and procedures.