§1920. Taxation of costs

A judge or clerk of any court of the United States may tax as costs the following:

(1) Fees of the clerk and marshal;

(2) Fees of the court reporter for all or any part of the stenographic transcript necessarily obtained for use in the case;

(3) Fees and disbursements for printing and witnesses;

(4) Fees for exemplification and copies of papers necessarily obtained for use in the case;

(5) Docket fees under section 1923 of this title;

(6) Compensation of court appointed experts, compensation of interpreters, and salaries, fees, expenses, and costs of special interpretation services under section 1828 of this title.

A bill of costs shall be filed in the case and, upon allowance, included in the judgment or decree.

(June 25, 1948, ch. 646, 62 Stat. 955 ; Pub. L. 95–539, §7, Oct. 28, 1978, 92 Stat. 2044 .)

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§9a(a) and 830 (R.S. §983; Mar. 3, 1911, ch. 231, §5a, as added Jan. 20, 1944, ch. 3, §1, 58 Stat. 5 ).

For distribution of other provisions of section 9a of title 28, U.S.C., 1940 ed., see table at end of reviser's notes.

Word "may" was substituted for "shall" before "tax as costs," in view of Rule 54(d) of the Federal Rules of Civil Procedure, providing for allowance of costs to the prevailing party as of course "unless the court otherwise directs".

Changes were made in phraseology.

Amendments

1978-Par. (6). Pub. L. 95–539 added par. (6).

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–539 effective Oct. 28, 1978, see section 10(a) of Pub. L. 95–539, set out as a note under section 602 of this title.

Federal Rules of Civil Procedure

Costs allowed to prevailing party, see rule 54, Appendix to this title.

Costs of previously dismissed action, see rule 41.

Motion for retaxation of costs by clerk in civil actions, see rule 54.

Offer of judgment affecting costs, see rule 68.

Taxation of costs in civil actions by clerk, see rule 54.

United States agencies, and officers, liability for fees and costs, see rule 54.

Cross References

Authority to administer oaths, see section 2903 of Title 5, Government Organization and Employees.

Costs, denial of to plaintiff where plaintiff recovers less than $10,000, see section 1332 of this title.

Definition of "court of the United States," see section 451 of this title.

Exemption of United States for costs except where statute permits taxation, see section 2412 of this title.

Fees and costs in admiralty and maritime cases, see section 1925 of this title.

Marshal's fees, see section 1921 of this title.

Per diem, mileage and subsistence of witnesses, see notes under section 1821 of this title.

Reporter's transcript, fees for, see section 753 of this title.

Taxation of costs in fine, forfeiture and criminal proceedings, see section 1918 of this title.

Section Referred to in Other Sections

This section is referred to in sections 1821, 2412, 2503 of this title; title 21 section 844.