Rule 39 — Costs

Fed. R. App. P. 39

• Source: Federal Rules of Appellate Procedure
• Rule: 39
• TITLE VII: GENERAL PROVISIONS
• Citation: Fed. R. App. P. 39

Text

(a) Against Whom Assessed. The following rules apply unless the
law provides or the court orders otherwise:
(1) if an appeal is dismissed, costs are taxed against the ap-
pellant, unless the parties agree otherwise;
(2) if a judgment is affirmed, costs are taxed against the ap-
pellant;
(3) if a judgment is reversed, costs are taxed against the ap-
pellee;
(4) if a judgment is affirmed in part, reversed in part, modi-
fied, or vacated, costs are taxed only as the court orders.
(b) Costs For and Against the United States. Costs for or against
the United States, its agency, or officer will be assessed under
Rule 39(a) only if authorized by law.
(c) Costs of Copies. Each court of appeals must, by local rule, fix
the maximum rate for taxing the cost of producing necessary cop-
ies of a brief or appendix, or copies of records authorized by Rule
30(f). The rate must not exceed that generally charged for such
work in the area where the clerk’s office is located and should en-
courage economical methods of copying.
(d) Bill of Costs: Objections; Insertion in Mandate.
(1) A party who wants costs taxed must—within 14 days after
entry of judgment—file with the circuit clerk and serve an
itemized and verified bill of costs.
(2) Objections must be filed within 14 days after service of
the bill of costs, unless the court extends the time.
(3) The clerk must prepare and certify an itemized state-
ment of costs for insertion in the mandate, but issuance of the
mandate must not be delayed for taxing costs. If the mandate
issues before costs are finally determined, the district clerk
must—upon the circuit clerk’s request—add the statement of
costs, or any amendment of it, to the mandate.
(e) Costs on Appeal Taxable in the District Court. The following
costs on appeal are taxable in the district court for the benefit of
the party entitled to costs under this rule:
(1) the preparation and transmission of the record;
(2) the reporter’s transcript, if needed to determine the ap-
peal;
(3) premiums paid for a bond or other security to preserve
rights pending appeal; and
(4) the fee for filing the notice of appeal.

Advisory Committee Notes

(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff. July 1, 1986; Apr. 24, 1998, eff. Dec. 1, 1998; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 26, 2018, eff. Dec. 1, 2018; Apr. 25, 2019, eff. Dec. 1, 2019.)