TAXATION AND PAYMENT OF COSTS

a. Procedure for Taxation of Costs. 1. District Court Before Appeal (Fed. R. Civ. P. 54(d)(1 .

A. Completion of Forms.

Within 14 days after entry of judgment, a party entitled to recover costs must complete and file an Administrative Office 133 form (“AO 133 form”), which is available on the courts’ websites. Failure to file the AO 133 form by this deadline constitutes a waiver of the right to have costs taxed.

B. Bill of Costs Guidelines.

Guidelines regarding preparation of an appropriate bill of costs are available from the Clerk of Court for the respective district.

C. Resistance to Taxation.

A party opposing the taxation of costs must file a resistance within 14 days after service of the AO 133 form.

D. Reply to Resistance.

Generally, a reply is not needed unless the Clerk of Court indicates that a reply would be helpful in resolving a dispute.

E. Taxation by Clerk of Court.

On or after 21 days after service of the AO 133 form, the Clerk of Court will tax the appropriate costs.

F. Review.

Any party may seek review of the Clerk of Court’s taxation of costs in accordance with Federal Rule of Civil Procedure 54(d)(1). 2. Costs on Appeal Taxable in District Court (Fed. R. App. P. 39(e . All costs on appeal taxable in the district court pursuant to Federal Rule of Appellate Procedure 39(e) are waived unless, within 21 days after the issuance of the mandate by the circuit court, the party entitled to those costs either includes them on an AO 133 form and files the AO 133 form with the Clerk of Court or otherwise files a document with the Clerk of Court requesting taxation of these costs. b. To Whom Payable.

All costs taxed are payable directly to the party entitled to those costs and not to the Clerk of Court, except in suits for civil penalties for violations of criminal statutes and suits involving the United States not handled by the United States Department of Justice. 36 LR 54A ATTORNEY FEES a. Time and Content of Motions for Award of Attorney Fees. The claimed amount of attorney fees must be supported by an itemization that includes a detailed listing of the time claimed for each specific task and the hourly rate claimed. The itemization also must include a separate summary indicating the total time spent performing each of the following major categories of work: 1.

Drafting pleadings, motions, and briefs; 2. Legal research; 3. Investigation; 4. Interviewing; 5.

Trial preparation; and 6. Trial. Costs must be itemized separately. b. Equal Access to Justice Act. An application for attorney fees and costs under the Equal Access to Justice Act must conform with the requirements of 28 U.S.C. § 2412(d)(1)(B).

In the application, the applicant must specifically identify the positions taken by the government in the case that the applicant alleges were not substantially justified. In all Social Security benefits cases where the plaintiff is the prevailing party, within 30 days after entry of final judgment, counsel for the plaintiff must, pursuant to this section and Federal Rule of Civil Procedure 54(d)(2)(A), file one of the following: (1) an application for attorney fees and costs on behalf of the plaintiff, or (2) a statement certifying that counsel has searched the record and has determined the positions taken by the government in the case were substantially justified. c. Appeals from Agency Determinations. A petition pursuant to 5 U.S.C. § 504(c)(2) for leave to appeal an agency fee determination must be filed within 30 days after the entry of the agency’s order, with proof of service on all other parties to the agency proceeding. The petition must include the following: 1.

A copy of the order to be reviewed; 2. A copy of any findings of fact, conclusions of law, and opinions entered in or relating to the agency proceeding; 3. A statement of the facts necessary to an understanding of the petition; and 4. A memorandum showing why the petition for permission to appeal should be granted.

Any answer must be filed within 30 days after service of the petition. The petition and any 37 answer will be submitted without further briefing and without oral argument. 38