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2022 California Rules of Court

Dominion 8.278. Costs on appeal

(a) Award of costs

(1)  Except equally provided in this rule, the party prevailing in the Courtroom of Appeal in a civil case other than a juvenile instance is entitled to costs on appeal.

(two)  The prevailing party is the respondent if the Court of Entreatment affirms the judgment without modification or dismisses the entreatment. The prevailing political party is the appellant if the courtroom reverses the judgment in its entirety.

(3)  If the Court of Entreatment reverses the judgment in part or modifies it, or if there is more one notice of appeal, the opinion must specify the award or deprival of costs.

(4)  In probate cases, the prevailing party must be awarded costs unless the Courtroom of Appeal orders otherwise, but the superior court must decide who volition pay the accolade.

(v)  In the interests of justice, the Court of Entreatment may likewise award or deny costs every bit it deems proper.

(b) Judgment for costs

(1)  The clerk/executive officer of the Court of Appeal must enter on the tape, and insert in the remittitur, a judgment awarding costs to the prevailing party under (a)(two) or as directed by the courtroom nether (a)(three), (a)(4), or (a)(5).

(2)  If the clerk/executive officer fails to enter judgment for costs, the courtroom may think the remittitur for correction on its own motion, or on a party'due south motion made non later than 30 days after the remittitur issues.

(Subd (b) amended effective Jan 1, 2018.)

(c) Procedure for claiming or opposing costs

(i)  Within 40 days subsequently issuance of the remittitur, a party claiming costs awarded by a reviewing courtroom must serve and file in the superior court a verified memorandum of costs nether rule three.1700.

(2)  A party may serve and file a motion in the superior court to strike or tax costs claimed nether (1) in the manner required by rule 3.1700.

(three)  An award of costs is enforceable equally a coin judgment.

(Subd (c) amended effective Jan i, 2016.)

(d) Recoverable costs

(i)  A political party may recover only the post-obit costs, if reasonable:

(A)  Filing fees;

(B)  The amount the party paid for any portion of the record, whether an original or a copy or both. The cost to copy parts of a prior record under rule 8.147(b)(2) is not recoverable unless the Court of Appeal ordered the copying;

(C)  The price to produce additional evidence on entreatment;

(D)  The costs to notarize, serve, mail, and file the record, briefs, and other papers;

(E)  The cost to print and reproduce any brief, including any petition for rehearing or review, answer, or reply;

(F)  The cost to procure a surety bail, including the premium, the toll to obtain a letter of credit as collateral, and the fees and net interest expenses incurred to borrow funds to provide security for the bond or to obtain a letter of credit, unless the trial courtroom determines the bail was unnecessary; and

(G)  The fees and net interest expenses incurred to borrow funds to deposit with the superior court in lieu of a bond or undertaking, unless the trial court determines the deposit was unnecessary.

(ii)  Unless the court orders otherwise, an award of costs neither includes chaser's fees on appeal nor precludes a party from seeking them under rule three.1702.

(Subd (d) amended effective January 1, 2013.)

Rule eight.278 amended constructive Jan ane, 2018; adopted effective January i, 2008; previously amended effective January ane, 2013, and January i, 2016.

This rule is non intended to expand the categories of appeals subject to the honour of costs. See rule viii.493 for provisions addressing costs in writ proceedings.

Subdivision (c). Subdivision (c)(two) provides the procedure for a party to motion in the trial court to strike or tax costs that some other party has claimed under subdivision (c)(1). It is not intended that the trial court's authority to strike or tax unreasonable costs be limited past any failure of the moving party to move for sanctions in the Court of Appeal under rule 8.276; a party may seek to strike or tax costs on the ground that an opponent included unnecessary materials in the record even if the party did not move the Court of Entreatment to sanction the opponent under that dominion.

Subdivision (d). Subdivision (d)(one)(B) is intended to refer non but to a normal record prepared by the clerk and the reporter nether rules 8.122 and viii.130 but also, for case, to an appendix prepared past a party nether dominion 8.124 and to a superior court file to which the parties stipulate nether rule 8.128.

Subdivision (d)(1)(D), allowing recovery of the "costs to notarize, serve, mail, and file the record, briefs, and other papers," is intended to include fees charged by electronic filing service providers for electronic filing and service of documents.

"Net interest expenses" in subdivisions (d)(1)(F) and (G) ways the involvement expenses incurred to borrow the funds that are deposited minus whatever involvement earned by the borrower on those funds while they are on eolith.

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