Bills of Costs

The taxation of certain appellate costs is set by the requirements of Federal Rule of Appellate Procedure 39 and Federal Circuit Rule 39.  The Clerk of Court advises which party or parties are entitled to costs at the time of entering judgment or an order disposing of an appeal.

A request for costs must be submitted on Form 24 (pdf) and received by the Clerk’s Office within 14 days of judgment.  Any objection to the bill of costs must be filed within 14 days from the date of service of the bill of costs, unless the court extends the time.  Absent objection, allowable costs will be taxed as billed.  See Fed. Cir. R. 39(b).

The Clerk of Court has established maximum allowable rates at which costs may be taxed at this court.

Absent a motion, only the docketing fee and costs related to preparing briefs and appendices are taxable by this court.  Likewise, parties may not request costs for more than the maximum allowable costs or for more paper copies than those required by Fed. Cir. R. 25(c)(3). See Fed. Cir. R. 39(c)-(d).