TAXATION OF COSTS AND AWARD OF ATTORNEYS’ FEES

(a) Who May Be Awarded Costs. When costs are allowed by the FRBP or other applicable law, the court may award costs to the prevailing party. No costs will be allowed unless a party qualifies as, or is determined by the court to be, the prevailing party under this rule. Counsel are advised to review 28 U.S.C. § 1927 regarding counsel’s liability for excessive costs.

(b) Prevailing Party. For purposes of this rule, the prevailing party is defined as follows: (1) Recovery on Complaint. The plaintiff is the prevailing party when it recovers on the entire complaint. (2) Dismissal or Judgment in Favor of Defendant.

The defendant is the prevailing party when the proceeding is terminated by court-ordered dismissal or judgment in favor of defendant on the entire complaint. (3) Partial Recovery. Upon request of one or more of the parties, the court will 99 LBR 7054-1 determine the prevailing party when there is a partial recovery or a recovery by more than one party. (4) Voluntary Dismissal.

Upon request of one or more of the parties, the court will determine the prevailing party when the proceeding is voluntarily dismissed or otherwise voluntarily terminated.Offer of Judgment. If a party defending against a claim files under seal a written offer of judgment before trial and the judgment finally obtained by the offeree is not more favorable than the offer, the party offering the judgment is the prevailing party. (c) Bill of Costs. The prevailing party who is awarded costs must file and serve a bill of costs not later than 14 days after entry of judgment.

Each item claimed must be set forth separately in the bill of costs. The prevailing party, or the party’s attorney or agent having knowledge of the facts must file a declaration with the bill of costs certifying that: (1) The items claimed as costs are correct; (2) The costs were necessarily incurred in the case; (3) The services for which fees have been charged were actually and necessarily performed; and (4) The costs were paid or the obligation for payment was incurred. (d) Items Taxable as Costs. A list of the items taxable as costs is contained in The Central Guide.

(e) Court Ruling. (1) Objection to Bill of Costs. Not later than 7 days after service of a copy of a bill of costs, a party dissatisfied with the costs claimed may file and serve an objection to taxation of the costs sought. The grounds for objection must be stated specifically.

(2) Hearing Not Required. The court may resolve the matter without a hearing, pursuant to LBR 9013-1(p), or set the matter for hearing. (f) Entry of Costs. If a timely objection to a bill of costs is not filed or, in the event of a timely objection, as soon as practicable after an order determining the objection becomes final, the clerk will insert the amount of costs awarded to the prevailing party into the blank left in the judgment for that purpose and enter a similar notation on the docket.

(g) Motion for Attorneys’ Fees. (1) If not previously determined at trial or other hearing, a party seeking an award of attorneys’ fees where such fees may be awarded must file and serve a motion not 100 LBR 7055-1 later than 14 days after the entry of judgment or other final order, unless otherwise ordered by the court. (2) The requirements of LBR 9013-1 through LBR 9013-4 apply to a motion for attorneys’ fees under this rule. (h) Execution.

Upon written motion filed pursuant to LBR 9013-1(q), the clerk will issue a writ of execution to recover costs and attorneys’ fees included in the judgment: (1) (2) Upon presentation of a certified copy of the final judgment in the bankruptcy court or in the district court; or Upon presentation of a mandate of the district court, bankruptcy appellate panel, or court of appeals to recover costs taxed by the appellate court.