Bill of Costs

Bill of Costs

Bill of Costs

Recoverable costs under 28 U.S.C. 1920 include filing fees, transcript costs, printing, witness fees, copying for use in the case, and certain exemplification. Attorney fees are not costs absent a fee-shifting provision.

The clerk taxes costs subject to court review.

Alternative Names:

Costs Bill, Taxation of Costs

Why it Matters?

Recoverable categories are narrower than parties expect, and e-discovery costs are the recurring dispute since courts have divided on whether processing and hosting fall within exemplification and copying. Most circuits construe the categories narrowly, permitting only conversion costs directly analogous to copying. Expert fees beyond the statutory witness attendance rate are not recoverable absent a separate authorization.

Frequently Confused with

Frequently asked questions

Are e-discovery costs recoverable?

Are e-discovery costs recoverable?

Courts have divided, with most circuits permitting only conversion costs directly analogous to copying rather than processing and hosting.

Are expert fees recoverable as costs?

Are expert fees recoverable as costs?

Only at the statutory witness attendance rate, absent a separate fee-shifting authorization covering expert expenses.