2238

Costs Chargeable Against Cost Bond

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 9-112.330]