Bill of Costs on Appeal

Bill of Costs on Appeal

Itemized cost recovery filing for the prevailing party after entry of appellate judgment, covering record preparation, brief reproduction, filing fees, and bond premiums.

Quick Start

Gather before drafting:

1. Appellate judgment — entry date confirmed; deadline is typically 14 days (FRAP 39(d))
2. Cost documentation — receipts, invoices, proof of payment for every claimed item
3. Applicable rules — FRAP 39 or state equivalent; check local appellate rules for format requirements
4. Bond records — supersedeas or cost bond docs if applicable

Document Structure

1. Caption Block

Standard appellate caption: court name, case number, case name, title "Bill of Costs."

2. Prevailing Party Statement

Single paragraph identifying:

• Party seeking costs and appellate role
• Date of judgment entry
• Authorizing rule (FRAP 39(a) or state equivalent)
• Outcome entitling party to costs

3. Itemized Cost Table

Itemization rules:

• One line per distinct expense; multiple copies listed individually
• Only claim copies required by rule — verify local rule on extras
• Reference receipt/invoice number for each line
• Provide category subtotals before grand total

4. Verification

Declaration under penalty of perjury that each cost was necessarily incurred, amounts are correct, and each is authorized under the applicable rule. Include declarant name, title/bar number, execution date and location.

5. Certificate of Service

Standard certificate confirming service on all parties with date and method.

Pitfalls and Checks

• Deadline — 14 days from judgment entry (FRAP 39(d)); state deadlines vary — calendar immediately
• Strictly limited costs — never claim attorney's fees, travel, research databases, or overhead unless specifically authorized by statute
• FRAP 39(a) allocation — costs to appellee if dismissed; to appellant if reversed; split if affirmed in part — verify applicable subsection
• Objection window — opposing party typically has 14 days; ensure every amount is defensible with documentation
• Local rules — check circuit- or state-specific requirements (e.g., some circuits require a specific Bill of Costs form; [VERIFY] form requirements by circuit)
• Exclude trial-level expenses and costs for items not in the appellate record
• Retain all receipts even if not filed initially — courts may require production upon objection