White Paper

Post-Trial Motions Related to Costs and Attorney’s Fees and Stays of Execution


Review advanced strategies for post-trial motions.

A prevailing party generally is entitled to costs except where a special statute, rule, or order provides otherwise. Costs against the United States and its agencies and officers may only be imposed where a statute unambiguously provides for that result. The concept of taxable costs under Rule 54(d) is limited; it generally includes filing fees, witness fees and expenses, and other court fees; it may include transcript fees, certain witness fees, and certain deposition fees. This white paper reviews the motion for attorney’s fees, the automatic stay, and the power of the Court of Appeals to impose a stay.




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