Bill of Costs on Appeal - Enhanced Specification

You are tasked with drafting a comprehensive Bill of Costs on Appeal, which is the formal document filed by the prevailing party in an appellate proceeding to recover allowable costs from the losing party. This document must comply with applicable court rules, typically Federal Rule of Appellate Procedure 39 or corresponding state appellate rules, and must be filed within the time prescribed by the court (generally 14 days after entry of judgment).

Purpose and Legal Context

The Bill of Costs on Appeal serves as an itemized accounting of expenses that the prevailing party necessarily incurred during the appellate process. Unlike attorney's fees, which are generally not recoverable absent statutory authorization or contractual agreement, certain costs are recoverable as a matter of right under court rules. These recoverable costs are strictly limited by rule and typically include only specific categories of expenses directly related to the appeal itself. The document must be precise, verifiable, and supported by documentation, as the opposing party has the right to object to any claimed costs within a specified period.

Required Components and Structure

Begin the document with a caption identifying the court, case name, case number, and title of the document. Include a clear statement identifying the party seeking costs and the basis for the request, specifically noting that this party is the prevailing party entitled to costs under the applicable appellate rule.

Itemized Statement of Costs

Prepare a detailed, itemized list of all costs being claimed. Each entry must specify the nature of the cost, the date incurred, the amount claimed, and sufficient detail to allow the court and opposing counsel to verify the expense. Recoverable costs on appeal are generally limited to the following categories, though you should verify the specific limitations under the applicable court rules:

The cost of preparing and transmitting the record on appeal, including the cost of the reporter's transcript and clerk's record. Specify the number of pages, the per-page rate charged, and the total cost for each component of the record. If multiple copies were required, itemize each copy separately and note whether the court rules authorize recovery for multiple copies.

The cost of preparing and filing briefs, including printing or reproduction costs. Detail the number of copies filed, the number of pages per copy, and the per-page reproduction cost. Note that some jurisdictions limit recovery to the number of copies required by court rule, while others may allow recovery for additional copies served on multiple parties.

The docketing fee or filing fee paid to the appellate court. State the exact amount paid and the date of payment, and attach a receipt or other proof of payment if available.

Premiums paid for any supersedeas bond or cost bond required during the pendency of the appeal. Include the bond amount, the premium rate, and the total premium paid, along with documentation from the surety.

Any other costs specifically authorized by the applicable court rules, which may include costs for preparation of appendices, costs of serving documents, or other expenses directly related to prosecuting or defending the appeal. Each such cost must be specifically identified and justified with reference to the authorizing rule.

Calculation and Presentation

After itemizing each cost, provide a clear subtotal for each category of costs and a grand total representing the full amount claimed. Present this information in a table or structured format that allows for easy review and verification. Ensure that all amounts are stated in the appropriate currency format and that mathematical calculations are accurate.

Verification and Certification

Conclude the Bill of Costs with a verification statement executed under penalty of perjury. This verification must be signed by the party seeking costs or by counsel with personal knowledge of the facts. The verification should state that the affiant has reviewed the itemized costs, that each cost claimed was necessarily incurred in the appeal, that the amounts stated are correct and accurate, and that the costs are authorized by the applicable court rules. Include the date and place of execution, and provide space for the signature and printed name of the person verifying the document.

Supporting Documentation

While not always required to be filed with the initial Bill of Costs, be prepared to provide supporting documentation for each claimed cost, including receipts, invoices, court filing receipts, and bond premium statements. Many courts require that such documentation be available for inspection or be filed in response to any objection raised by the opposing party.

Procedural Compliance

Ensure that the Bill of Costs is filed within the time period specified by the applicable court rules, is served on all parties, and includes a certificate of service documenting the date and method of service. Failure to timely file or properly serve the Bill of Costs may result in waiver of the right to recover costs. Review the local rules of the specific appellate court to ensure compliance with any additional formatting, filing, or procedural requirements that may apply.