6.8 Recovering Costs

• Library: Appellate Practice - Virginia and Federal Courts (Virginia CLE) (2016 Ed.)

6.8 RECOVERING COSTS

6.801 In General. The expense of printing briefs, preparing transcripts, and assembling the appendix can be substantial. The rules of court generally allow the prevailing party to recover those expenses as well as appellate filing fees. In both federal and state courts, if an appeal is dismissed, costs are taxed against the appellant. ⁴³ If a judgment is affirmed, costs are taxed against the appellant. ⁴⁴ If the judgment is reversed, costs are taxed against the appellee. ⁴⁵ If the judgment is affirmed in part, reversed in

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part, or vacated, costs are taxed only as the court orders. ⁴⁶ Costs are taxed in this manner unless otherwise agreed by the parties, ordered by the court, or provided by law. ⁴⁷

6.802 Fourth Circuit. In the Fourth Circuit, the party who seeks to recover costs must file with the clerk an itemized and verified bill of costs, including the printer's itemized statement of charges, within 14 days after entry of judgment. ⁴⁸ A late affidavit for costs must be accompanied by a motion for leave to file. ⁴⁹ Objections to the bill of costs must be filed within 14 days after service of the bill of costs. ⁵⁰

Costs that a party may recover in the Fourth Circuit include the docketing fee if the appellant is the prevailing party and the cost of printing or reproducing briefs and appendices, including exhibits. ⁵¹ Certain costs incidental to an appeal must be recovered in the district court, including costs for the preparation and transmission of the record; the reporter's transcript, if necessary for the appeal; any premiums paid for any required appeal bond; and the filing fee for the notice of appeal. ⁵²

The circuit court clerk prepares and certifies an itemized statement of costs to insert in the mandate. ⁵³ If the mandate issues before costs are determined, the circuit court clerk will send a supplemental "bill of costs" to the district court clerk to include in the mandate. ⁵⁴ All costs, including costs incurred on appeal, are recoverable in the district court after issuance of the mandate. ⁵⁵

If the Court of Appeals determines that an appeal is frivolous, it may award double costs as well as damages. ⁵⁶

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6.803 State Practice. In state appellate courts, the party who seeks to recover costs must file an itemized and notarized bill of costs within 14 days after the date of the decision. ⁵⁷ Objections to the bill of costs must be filed with the clerk within 10 days after the bill of costs is filed. ⁵⁸

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