Page:United States Statutes at Large Volume 76A.djvu/161

From Wikisource
Jump to: navigation, search
This page needs to be proofread.

–65–

-65Subchapter III—Costs § 371. Costs allowed in district court In the district court, the party entitled to costs may recover the following costs and no others: (1) for each witness necessarily produced by him, for each day's necessary attendance of the witness at the trial, the witness' lawful fees; (2) for each deposition lawfully taken by him, and produced in evidence, the actual cost of taking the deposition, but not to exceed $20; (3) for original papers produced by him, nothing; (4) for official copies of such papers, the lawful fees necessarily paid for obtaining the copies; and (5) the lawful fees paid by him for the service of process in the action, and all lawful clerk's fees paid by him, § 372. Taxation of costs in district court (a) A bill of costs shall be filed in the case and, upon allowance, included in the judgment or decree. (b) Before a bill of costs is taxed, the party claiming an item of cost shall attach thereto an affidavit, made by himself or by his authorized attorney or agent having knowledge of the facts, that the item is correct and has been necessarily incurred in the case and that the services for which fees have been charged were actually and necessarily performed. § 373. Party entitled to costs in magistrate's court In a magistrate's court, costs shall ordinarily be allowed to the prevailing party as a matter of course, but for special reasons the court may adjudge that either party shall pay the costs of an action, or that the costs be divided as may be equitable. § 374. Costs allowed in magistrate's court In a magistrate's court, the party entitled to costs may recover the following costs, and no others: (1) for each witness produced by him, for each day's necessary attendance at the trial, the witness' lawful fees; (2) for each deposition lawfully taken by him and produced in evidence, the actual cost of taking the deposition, but not to exceed $20; (3) for original papers produced by him, nothing; (4) for official copies of such papers, the lawful fees necessary paid for obtaining the copies; and (5) the lawful fees paid by him for the services of the magistrate's court in the action. § 375. Taxation of costs in magistrate's court (a) The magistrate may tax and include in the judgment the costs allowed by law to the prevailing party. (b) The costs in a magistrate's court, if allowed, shall be taxed by the magistrate without the filing and service of a bill of costs as provided by section 372 of this title, and upon such information as the magistrate requires. § 376. Costs on continuance When an application is made to a court or master to postpone a trial, the payment of costs occasioned by the postponement may be imposed, in the discretion of the court or master, as a condition of granting the same.