28 U.S.C. § 1920 — Taxation of costs

Page 486 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1920 1980—Pub. L. 96–417 included dismissals in Court of International Trade for want of jurisdiction. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–417 applicable with respect to civil actions commenced on or after Nov. 1, 1980, see section 701(b)(1)(E) of Pub. L. 96–417, set out as a note under section 251 of this title. § 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 for printed or electronically re- corded transcripts necessarily obtained for use in the case; (3) Fees and disbursements for printing and witnesses; (4) Fees for exemplification and the costs of making copies of any materials where the cop- ies are 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 interpreta- tion 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 de- cree. (June 25, 1948, ch. 646, 62 Stat. 955; Pub. L. 95–539, § 7, Oct. 28, 1978, 92 Stat. 2044; Pub. L. 110–406, § 6, Oct. 13, 2008, 122 Stat. 4292.) 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 other- wise directs’’. Changes were made in phraseology. Editorial Notes AMENDMENTS 2008—Par. (2). Pub. L. 110–406, § 6(1), substituted ‘‘for printed or electronically recorded transcripts’’ for ‘‘of the court reporter for all or any part of the steno- graphic transcript’’. Par. (4). Pub. L. 110–406, § 6(2), substituted ‘‘the costs of making copies of any materials where the copies are’’ for ‘‘copies of papers’’. 1978—Par. (6). Pub. L. 95–539 added par. (6). Statutory Notes and Related Subsidiaries 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. § 1921. United States marshal’s fees (a)(1) The United States marshals or deputy marshals shall routinely collect, and a court may tax as costs, fees for the following: (A) Serving a writ of possession, partition, execution, attachment in rem, or libel in ad- miralty, warrant, attachment, summons, com- plaints, or any other writ, order or process in any case or proceeding. (B) Serving a subpoena or summons for a witness or appraiser. (C) Forwarding any writ, order, or process to another judicial district for service. (D) The preparation of any notice of sale, proclamation in admiralty, or other public no- tice or bill of sale. (E) The keeping of attached property (in- cluding boats, vessels, or other property at- tached or libeled), 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. (F) Copies of writs or other papers furnished at the request of any party. (G) Necessary travel in serving or endeavor- ing to serve any process, writ, or order, except in the District of Columbia, with mileage to be computed from the place where service is re- turnable to the place of service or endeavor. (H) Overtime expenses incurred by deputy marshals in the course of serving or executing civil process. (2) The marshals shall collect, in advance, a deposit to cover the initial expenses for special services required under paragraph (1)(E), and pe- riodically thereafter such amounts as may be necessary to pay such expenses until the litiga- tion is concluded. This paragraph applies to all private litigants, including seamen proceeding pursuant to section 1916 of this title. (3) For purposes of paragraph (1)(G), if two or more services or endeavors, or if an endeavor and a service, are made in behalf of the same party in the same case on the same trip, mileage shall be computed to the place of service or en- deavor which is most remote from the place where service is returnable, adding thereto any additional mileage traveled in serving or en- deavoring to serve in behalf of the party. If two or more writs of any kind, required to be served in behalf of the same party on the same person in the same case or proceeding, may be served at the same time, mileage on only one such writ shall be collected. (b) The Attorney General shall from time to time prescribe by regulation the fees to be taxed and collected under subsection (a). Such fees shall, to the extent practicable, reflect the ac- tual and reasonable cost of the service provided. (c)(1) The United States Marshals Service shall collect a commission of 3 percent of the first $1,000 collected and 11⁄2 percent on the ex- cess of any sum over $1,000, for seizing or levying on property (including seizures in admiralty), disposing of such property by sale, setoff, or oth- erwise, and receiving and paying over money, except that the amount of commission shall be