Bill Of Costs Appeal

---
name: bill-of-costs-appeal
description: Drafts an itemized Bill of Costs on Appeal under FRAP 39 or state equivalent for the prevailing party to recover allowable appellate expenses. Triggers on appellate cost bill drafting, post-judgment cost recovery filings, or prevailing party cost submissions.
tags:
  - drafting
  - litigation
  - pleading
---

# 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

| Category | Description | Date | Pages/Units | Rate | Amount |
|---|---|---|---|---|---|
| Reporter's transcript | Trial/hearing transcript for record | | | $/page | |
| Clerk's record | Preparation and certification | | | $/page | |
| Brief reproduction | [X] copies × [Y] pages | | | $/page | |
| Appendix preparation | Required appendix volumes | | | $/page | |
| Filing/docketing fee | Appellate court filing fee | | | flat | |
| Bond premium | Supersedeas bond premium | | | rate% | |
| Service costs | Service of briefs/motions | | | flat | |
| **TOTAL** | | | | | **$** |

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