Judgments; Costs

U.S. District Court for the Eastern District of Texas

Rule Set: Local Civil Rules of the United States District Court for the Eastern District of Texas

Rule: CV-54

Jurisdiction: EDTX

Bluebook Citation: E.D. Tex. L.R. CV CV-54

(a) A party awarded costs by final judgment or by judgment that a presiding judge directs be entered as final under Fed. R. Civ. P. 54(b) must apply to the clerk for taxation of such costs by filing a bill of costs. Unless otherwise provided by statute or by an order of the 21 presiding judge, the bill of costs must be filed with the clerk and served on any party entitled to such service no later than fourteen days after the clerk enters the judgment on the docket. (b) Procedure for Contested Bill of Costs. Before filing a bill of costs, a party must: (1) (2) submit the proposed bill of costs to opposing counsel for review in light of the applicable law; and if there are any areas of disagreement, meet and confer with opposing counsel in an effort to submit an agreed bill of costs to the court.

If the parties have a legitimate dispute on which they cannot agree, the parties have the option of filing either (A) a joint motion indicating the areas of agreement and the areas of disagreement to be resolved by the court or (B) a motion by the party requesting costs indicating the areas of agreement and the areas of disagreement to be resolved by the court, to which the opposing party may file a response. Either type of motion must contain a certificate confirming compliance with the conference requirements of this rule.

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