Taxation of Reproduction Costs

U.S. Court of Appeals for the First Circuit

Rule Set: Local Rules of the U.S. Court of Appeals for the First Circuit

Rule: 39.0

Jurisdiction: CA1

Bluebook Citation: 1st Cir. R. 39.0

(a) The maximum rate at which costs may be taxed shall be fixed from time to time by the clerk of the court of appeals. See Fed. R. App. P. 39(e)(2). A schedule of Maximum Rates for Taxation of Costs is posted on the court’s website at www.ca1.uscourts.gov and is available by request to the clerk’s office. Costs are taxed at the maximum rates set by the clerk or at the actual cost, whichever is lower.

(b) Costs may be recovered for reproducing the following number of copies, unless the court directs filing of a different number: (1) Briefs. Nine copies of each brief plus two for the filer and two for each party required to be served with paper copies of the brief. See 1st Cir.

R. 31.0(b).

(2) Appendices. Five copies of each appendix plus one for the filer and one for each unrepresented party and each separately represented party. See 1st Cir.

R. 30.0(a).

(c) Requests for taxation of costs must be made on the Bill of Costs form available on the court’s website at www.ca1.uscourts.gov and by request to the clerk's office, and must be accompanied by a vendor's itemized statement of charges, if applicable, or a statement by counsel if reproduction was performed in-house. Bills of costs must be filed in the clerk's office within fourteen days after judgment is entered, even if a petition for rehearing or other post- judgment motion is filed. See Fed. R. App. P. 39(e)(3)(A). Payment of costs should be made directly to the prevailing party or counsel, not to the clerk's office.

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