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United States District Court District of Colorado Procedures for Taxing Costs pursuant to 28 U.S.C. § 1920 A bill of costs shall be submitted on Form AO133, a copy of which is attached to this handout. The completed form shall be filed by electronic means pursuant to D.C.COLO.LCivR 5.6 ­ Electronic Case Filing, unless the filing party is authorized or directed to file in paper format; if so, an original and a copy of the completed form shall be filed with the Clerk's office at Room A105, Alfred A. Arraj U.S. Courthouse, 901 19th Street, Denver, Colorado 80294-3589. Pursuant to D.C.COLO.LCivR 54.1, a bill of costs, must be filed with the court within ten days after entry of the judgment or final order. Costs will be taxed by the clerk or a designated deputy. Prior to appearance before the clerk, counsel for the party seeking costs shall file a written statement that a reasonable effort has been made, in a conference with opposing counsel, to resolve disputes regarding costs. If costs are resolved, a stipulation setting forth the amount of costs shall be filed with the court. When filing a bill of costs, be sure to insert in the appropriate box in the lower right hand portion of the form the date and time for your hearing. You may select any Tuesday, Wednesday, or Thursday at 8:30, 9:00 or 9:30 a.m. You are to confer with counsel regarding a mutually agreeable date and time. Hearings will be held in the Clerk's Office. General Information For more information on taxation of costs see 28 U.S.C. §§ 1918, 1919, 1920, 1923 and 1924 and Fed. R. Civ. P. 54(d). See also 28 U.S.C. § 1821 regarding per diem, mileage, and subsistence generally. Motions for attorneys fees and costs are to be filed separately and will be ruled upon by a judge. Witness fees are $40.00 a day and $.585 per mile round trip. Subsistence in Denver is $189.00 if an overnight stay is required and $49.00 for the final day of travel. Substantiating documentation, i.e., court reporter invoices, in-house and/or vendor copying charges, process server invoices, etc., must be submitted in support of costs. If you wish to appear telephonically, please note this on the bill of costs form or in a cover letter, with the telephone numbers at which the parties are to be reached. The clerk conducting the hearing will initiate the call. For more information on Taxation of Costs, contact Joe at 303-844-3433.
(Rev. 8/08)

*** NOTE: IT IS YOUR RESPONSIBILITY TO SET THE TIME (ANY TUESDAY, WEDNESDAY, OR THURSDAY AT 8:30 OR 9:00 A.M.) FOR APPEARANCE BEFORE THE CLERK FOR TAXATION. AO 133 (Rev 03/02)

BILL OF COSTS

United States District Court
V.

DISTRICT DOCKET NO. MAGISTRATE CASE NO.

Judgment having been entered in the above entitled action on
Date

against the clerk is requested to tax the following as costs:

BILL OF COSTS
Fees of the clerk ........................................................................................................................................................... Fees for service of summons and complaint ................................................................................................................ Fees of the court reporter for all or any part of the transcript necessarily obtained for use in the case ........................ Fees and disbursements for printing ............................................................................................................................ Fees for witnesses (itemized on reverse side) .............................................................................................................. Fees for exemplification and copies of papers necessarily obtained for use in the case .............................................. Docket fees under 28 U.S.C. § 1923 ........................................................................................................................... Costs incident to taking of depositions ....................................................................................................................... Costs as shown on Mandate of Court of Appeals ........................................................................................................ Other costs (Please itemize) ........................................................................................................................................ $ $ $ $ $ $ $ $ $ $ $

Please review and comply with D.C.COLO.LCivR .54.1 (See Notice section on reverse side) TOTAL$

DECLARATION
I declare under penalty of perjury that the foregoing costs are correct and were necessarily incurred in this action and that the services for which fees have been charged were actually and necessarily performed. A copy hereof was this day mailed with postage fully prepaid thereon to: Signature of Attorney Print Name For:
Name of Claiming Party

Phone Number Date

Please take notice that I will appear before the Clerk who will tax said costs on the following day and time: Costs are hereby taxed in the following amount and included in the judgment:

Date and Time Amount Taxed $

*** NOTE: IT IS YOUR RESPONSIBILITY TO SET THE TIME (ANY TUESDAY, WEDNESDAY, OR THURSDAY AT 8:30 OR 9:00 A.M.) FOR APPEARANCE BEFORE THE CLERK FOR TAXATION. AO 133 (Rev 03/02)

(BY) DEPUTY CLERK CLERK OF COURT GREGORY C. LANGHAM DATE:

WITNESS FEES (computation, cf. 28 U.S.C. 1821 for statutory fees)
ATTENDANCE TOTAL NAME AND RESIDENCE Days Cost Days Cost Miles Cost SUBSISTENCE TOTAL MILEAGE TOTAL Total Cost Each Witness

TOTAL:

NOTICE
Section 1924, Title 28, U.S. Code (effective September 1, 1948) provides: "Sec. 1924. Verification of bill of costs." "Before any bill of costs is taxed, the party claiming any item of cost or disbursement shall attach thereto an affidavit, made by himself or by his duly authorized attorney or agent having knowledge of the facts, that such item is correct and has been necessarily incurred in the case and that the services for which fees have been charged were actually and necessarily performed." See also Section 1920 of Title 28 which reads in part as follows: "A bill of costs shall be filed in the case and, upon allowance, included in the judgment or decree." The Federal Rules of Civil Procedure contain the following provisions: Rule 54 (d) "Except when express provisions thereof is made either in a statute of the United States or in these rules, costs shall be allowed as of course to the prevailing party unless the court otherwise directs, but costs against the United States, its officers, and agencies shall be imposed only to the extent permitted by law. Costs may be taxed by the clerk on one day's notice. On motion served within 5 days thereafter, the action of the clerk may be reviewed by the court." D.C.COLO.LCivR 54.1 Taxation of Costs "Each judgment or the final order shall indicate which party or parties are entitled to costs. A bill of costs must be filed on the form provided by the court within ten days after entry of the judgment or final order. Costs will be taxed by the clerk or a designated deputy. Prior to appearance before the clerk, counsel for the party seeking costs shall file a written statement that a reasonable effort has been made, in conference with opposing counsel, to resolve disputes regarding costs. It costs are resolved, a stipulation setting forth the amount of costs shall be filed with the court."