Paul Porvaznik

Fisher Kanaris, P.C.

Disclaimer

The content of this blog is intended for informational purposes only. It is not intended to solicit business or to provide legal advice. Laws differ by jurisdiction, and the information on this blog may not apply to every reader. You should not take, or refrain from taking, any legal action based upon the information contained on this blog without first seeking professional counsel.

Powered by Genesis

You are here: Home / Civil Procedure / Recovering Litigation Costs in Federal Court (Northern District of Illinois)

Recovering Litigation Costs in Federal Court (Northern District of Illinois)

June 2, 2013 by PaulP

Federal court litigants in Illinois should be versed in 28 U.S.C. §1920, FRCP 54 and Northern District Local Rule 54.1 – both of which govern recoverable costs and the procedures for recovering those costs in Federal court.  Broadly, the prevailing party has 30 days from date of judgment to file a Bill of Costs.  Failing that, all of his costs – except for “clerk” costs (28 U.S.C. § 1920) – are waived. LR 54.1(a).

FRCP 54 creates a strong presumption that the prevailing party may recover reasonable and necessary litigation costs from the losing party.  Huerta v. Village of Carol Stream, 2013 WL 427140 (N.D.Ill. 2013).  28 U.S.C. §1920 provides that a winning party can recover: (1) clerk and marshal fees [filing and service fees, e.g.]; (2) fees for transcripts necessarily obtained for use in a case; (3) printing and witness fees; (4) exemplification/certification costs for materials necessarily used in a case; (5) docket fees; and (6) court-appointed experts and interpreters’ fees.  Id.  The prevailing party has the burden of showing that the requested costs are necessary and reasonable and once that burden is met, the losing party must show that the costs are not appropriate.  Beamon v. Marshall & Isley Trust Co., 411 F.3d 854 (7th Cir. 2005). 

A prevailing Federal court party’s private process server fees are also recoverable, so long as they don’t exceed the applicable marshall’s fees ($55/hour pursuant to 28 C.F.R. § 0.0114(a)(3); see Huerta, 2013 WL 427140, *3.  As for deposition costs, whether transcript costs are allowed depends on whether it was reasonably and necessarily “related to an issue that was present in the case at the time the deposition was taken.”  Independence Tube Corp. v. Copperweld Corp., 543 F.Supp. 706, 718 (N.D.Ill. 1982).  If so, the victor gets the cost of the original transcript, one copy and an additional copy – so long as the additional copy is tendered to the court.  LR 54.1(b).  The prevailing party can recover up to $3.65 per deposition page.  Huerta, at *3; citing Maximum Transcript Rates, http://www.ilnd.uscourts.gov/home/clerksoffice/CLERKS_OFFICE/CrtReporter/trnscrpt.htm

 However, shipping and handling costs are “ordinary business expenses” and not recoverable.  Bogan v. City of Chi., 2010 U.S.Dist. LEXIS 64187 (N.D.Ill. 2010).

The take-away:  If litigating in Federal court, the recent Huerta case provides a lucid and detailed treatment of allowable and dis-allowable litigation costs.  If presenting or opposing a Bill of Costs, this case and the applicable rules it references should prove useful in supporting your arguments.  Also, effective, May 23, 2013, LR 54.1(b) was amended to provide that court reporter appearance fees may be awarded but those rates shall not exceed the rates published on the Court website.  

References:

Huerta opinion: http://www.abisoft.org/opinions/2013/1_09-cv-01492_20130204.pdf

Local Rule 54.1http://www.ilnd.uscourts.gov/legal/newrules/New00039.htm

Local Rule 54 (amendment May 23, 2013) http://www.ilnd.uscourts.gov/home/clerksoffice/rules/admin/pdf-orders/General%20Order%2013-0011%20-%20Local%20Rule%2054.1.pdf

FRCP 54: http://www.law.cornell.edu/rules/frcp/rule_54

28 U.S.C. §1920: http://www.law.cornell.edu/uscode/text/28/1920

Share this:

  • LinkedIn
  • Facebook
  • Google
  • Tumblr
  • Twitter
  • Print

Filed Under: Civil Procedure, Trial Practice Tagged With: Bill of Costs; 28 U.S.C. §1920; Local Rule 54.1; transcript costs; deposition costs

Categories

Recent Posts

  • Lender’s Reliance on Predecessor Bank’s Loan Documents Satisfies Business Records Hearsay Rule – IL First Dist.
  • 7th Circuit Takes Archaic Hearsay Exceptions to Judicial Woodshed
  • Shortened ‘Arb Award’ Rejection Deadline Upheld Against Constitutional Attack – IL Appeals Court
  • Massive Wind Turbine Tower A Trade Fixture, Not Lienable Property Improvement – IL Second Dist.
  • Set-off Is Counterclaim; Not Affirmative Defense – IL Court Rules in Partition Suit

Archives

  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013

Pages

  • Contact Me
  • Expert Witness Services, Freelance Writing Queries
  • My Bio
  • Practice Areas
  • Presentations/Projects
  • Published Content (Print and Electronic Media)