LOCAL CIVIL RULE 54 - JUDGMENTS; COSTS

LR54.1  Costs
LR54.2  Award of Attorney's Fees
LR54.3  Memorandum of Costs
LR54.3.1E  Hearings
LR54.4M & W  Objections
LR54.5  Review of Taxation of Costs
LR54.6  Security for Costs
LR54.7E  Settlement Judgments
LR54.8E  Concurrence in Settlement Judgments
LR54.9E  Satisfaction of Settlement Judgment
LR54.10  Payment and Application for Order of Satisfaction of Judgment
LR54.11  Filing Acknowledgment of Satisfaction Notice in Docket
LR54.12  Seaman and Pauper Cases

LR54.1  Costs

        Whenever any civil action scheduled for jury trial is settled or otherwise disposed of prior to trial, then, except for good cause shown, juror costs, including marshal's fees, mileage and per diem, shall be assessed as directed by the court, unless the clerk's office is notified in time to advise the jurors that it will not be necessary for them to attend.

LR54.2  Award of Attorney's Fees

        In all cases where attorney's fees are sought, the party desiring to be awarded such fees shall submit to the court a contemporaneous time report reflecting the date, time involved, and nature of the services performed. The report shall be in both narrative and statistical form and provide hours spent and justification thereof.

        Any judge of the court may, for good cause shown, relieve counsel of the obligation of filing such a report with the court.

LR54.3  Memorandum of Costs

        Within 30 days after receiving notice of entry of judgment, unless otherwise ordered by the court, the party in whose favor judgment is rendered and who claims and is allowed costs, shall serve on the attorney for the adverse party and file with the clerk a notice of application to have the costs taxed, together with a memorandum signed by the attorney of record stating that the items are correct and that the costs have been necessarily incurred.

LR54.3.1E  Hearings

        The party applying for taxation of costs shall notice the matter for hearing before the clerk.

LR54.4M & W  Objections

        Specific objections may be made within five days to any item of costs supported by affidavit or other evidence, which may be rebutted. The clerk shall thereupon tax the costs.

LR54.5  Review of Taxation of Costs

        A dissatisfied party may request within five days that the court review the action of the clerk, in accordance with FRCvP 54(d).

LR54.6  Security for Costs

        In any civil matter, the court, on motion or its own initiative, may order any party to file bond for costs or additional security for costs in such an amount and so conditioned as it may designate.

LR54.7E  Settlement Judgments

        When a case is disposed of by settlement involving the payment of a monetary amount, the party to whom the settlement requires the payment of money may present to the court and opposing counsel a proposed executory judgment, casting the parties obligated to make payment in accordance with the settlement agreed upon. The judgment shall set forth the agreement with respect to costs. It shall provide for the payment of interest on all amounts due under the judgment at the current legal rate, commencing at the date agreed upon by counsel, to be not less than 15 days from the date of the judgment. If counsel cannot agree upon a date, it shall be 45 days from the date of judgment.

LR54.8E  Concurrence in Settlement Judgments

        It shall be the duty of counsel for the party or parties who are to pay the funds under a settlement judgment to signify concurrence in the entry of judgment if it is otherwise in accordance with the agreed settlement.

LR54.9E  Satisfaction of Settlement Judgment

        Within five days of the consummation of the settlement embodied in any settlement judgment, it shall be the duty of counsel who presented the original judgment to file with the clerk, and to serve upon all other parties to the action, a Satisfaction of Judgment setting forth that the judgment has been paid in full and that all claims therein are fully satisfied.

LR54.10  Payment and Application for Order of Satisfaction of Judgment

        Whenever any party shall pay into court an amount of money which fully satisfies any judgment or decree in principal, interest, and costs, he or she may apply to the court for an order of satisfaction and, after notice to opposing counsel, or party (if no counsel), upon proof to the court of such complete satisfaction, shall be entitled to an order declaring same.

LR54.11  Filing Acknowledgment of Satisfaction Notice in Docket

        Upon filing of acknowledgment of satisfaction made by the judgment creditor or his/her attorney, the clerk shall note upon the docket sheet "Judgment Satisfied," together with the date of any judgment.

LR54.12  Seaman and Pauper Cases

        In all actions in which the fees of the marshal and the clerk are not required by law to be paid in advance and in which a poor suitor or a seaman prevails, either by judgment or by settlement, no dismissal or satisfaction of judgment shall be filed or entered until all fees of the marshal and the clerk have been paid. It shall be the responsibility of counsel handling the payment of any settlement to see to it that all fees are paid whether or not any dismissal or satisfaction of judgment entry is applied for.