Manually preparing a Bill of Costs on Appeal requires meticulous itemization of expenses, verification of amounts against court rules, and proper formatting for compliance. Attorneys and paralegals spend hours cross-referencing receipts, calculating totals, and ensuring every cost item meets jurisdictional requirements, all while managing tight post-judgment deadlines.
Preparing a compliant Bill of Costs on Appeal requires meticulous itemization of expenses, verification of rule compliance, and strict adherence to filing deadlines. Attorneys must manually compile receipts, calculate totals, cross-reference court rules, and draft verification statements—a time-consuming process that risks errors or omissions that could result in cost denial.
CaseMark automates the entire Bill of Costs drafting process, generating rule-compliant documents with properly itemized expenses, accurate calculations, and required verification statements. Simply upload your cost documentation and judgment, and receive a complete, court-ready Bill of Costs that meets FRAP 39 or state appellate rule requirements.
This workflow is applicable across multiple practice areas and use cases
Commercial litigation cases frequently proceed to appeal, requiring prevailing parties to recover appellate costs through properly formatted bills of costs.
Commercial disputes often involve significant appeals where cost recovery is critical. The workflow directly supports post-appeal cost recovery procedures that are standard in commercial litigation practice.
IP litigation commonly involves appeals to specialized courts (Federal Circuit) where prevailing parties must file bills of costs to recover substantial appellate expenses.
IP cases have high appeal rates and significant costs. Attorneys need efficient tools to prepare court-compliant cost bills following appellate victories in patent, trademark, and copyright disputes.
Employment cases involving discrimination, wage disputes, or wrongful termination often reach appellate courts, requiring cost recovery documentation for prevailing parties.
Employment litigation frequently proceeds to appeal on both sides. The workflow helps employment attorneys efficiently prepare bills of costs following appellate decisions, particularly important for fee-shifting statutes.
Real estate disputes involving property rights, contracts, or title issues often result in appeals where prevailing parties need to recover appellate litigation costs.
Real estate litigation commonly involves appeals on substantive legal issues. The workflow streamlines cost recovery for attorneys handling appellate matters in property disputes, foreclosures, and boundary conflicts.
Family law appeals involving custody, support, or property division require prevailing parties to file bills of costs to recover appellate expenses under court rules.
Family law cases frequently involve appeals on custody and financial matters. The workflow helps family law practitioners efficiently prepare cost bills following appellate decisions, which is important for cost-conscious clients.
Recoverable appellate costs are strictly limited by court rules and typically include costs for preparing and transmitting the record (reporter's transcript and clerk's record), printing or reproducing briefs, appellate court filing fees, and premiums for supersedeas or cost bonds. Unlike trial-level costs, attorney's fees are generally not recoverable unless authorized by statute or contract. The specific allowable costs vary by jurisdiction, so it's essential to verify your court's rules.
Under Federal Rule of Appellate Procedure 39, a Bill of Costs must be filed within 14 days after entry of judgment. State appellate courts have similar deadlines, though the specific timeframe may vary. Missing this deadline can result in waiver of your right to recover costs, so timely filing is critical. CaseMark helps you quickly generate compliant documents to meet tight deadlines.
Requirements vary by jurisdiction. Many courts do not require supporting documentation to be filed with the initial Bill of Costs, but you must have receipts, invoices, and other proof available for inspection or submission if the opposing party objects. Some courts may require documentation upfront or have specific local rules about supporting materials. CaseMark's structured format makes it easy to organize and reference your supporting documentation.
Yes, the opposing party typically has a specified period (often 14 days) to file objections to your Bill of Costs. They may challenge whether specific costs are authorized by court rules, whether amounts are reasonable, or whether costs were necessarily incurred. The court will then review any objections and make a determination. Having a well-documented, rule-compliant Bill of Costs strengthens your position against objections.