2235
Costs Chargeable Against Cost Bond
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The costs which may be charged against the cost bond are set forth
in
28 U.S.C. §§ 1920 and 1921. (See also, United States v.
One
1969 Plymouth Two-Door Hardtop, etc., 360 F. Supp. 488, 489 (M.D. Ala.
1973)
(expense of storing property prior to claimant's intervention should not be
taxed
to unsuccessful claimant); United States v. One 1949 G.M.C. Truck,
104 F.
Supp. 34, 38-39 (E.D. Va. 1950) (costs assessable against an unsuccessful
claimant include only those enumerated in 28 U.S.C. §§ 1920 and
1921
and
not storage costs incurred by the government prior to the Marshal's service
of
process); but see, 26 U.S.C. § 7323(c) (costs of seizure before
process issued are taxable under internal revenue law forfeiture
procedures)).
The costs chargeable pursuant to 28 U.S.C. §§ 1920 and 1921
are:
- the fees of the clerk;
- the fees of the U.S. Marshal as set forth in 28 U.S.C. § 1921,
including:
- the Marshal's fees for service of the complaint, the warrant of arrest
in
rem, or any other writ, order, or process in the case;
- the Marshal's fees for service of witnesses;
- the Marshal's fees for the preparation of public notices; and
- the Marshal's fees for the keeping of attached property, including
actual
expenses incurred, such as storage, moving, boat hire, or other special
transportation, watchmen's or keepers' fees, insurance, and an hourly rate,
including overtime, for each deputy marshal required for special services,
such
as guarding, inventorying, and moving;
- the fees of the court reporter for all or any part of the stenographic
transcript necessary for use in the case;
- fees and disbursements for witnesses and any printing related to the
case;
- docket fees under 28 U.S.C. § 1923; and
- compensation of court appointed experts, compensation of interpreters,
and
salaries, fees, expenses, and costs of special interpretation services under
28
U.S.C. § 1828.
Pursuant to section 1920, "[a] bill of costs shall be filed in the
case
and, upon allowance, included in the judgment or decree." See also,
28
U.S.C. § 1924 (requiring affidavit verifying bill of costs); Fed. R.
Civ. P.
54(d) and 28 U.S.C. §§ 1918(a) and 2412(a) (authority for awarding
costs
to prevailing party).
[cited in USAM 9-112.220] | |