(a) To whom allowed. Costs are awarded only in civil cases. Except as otherwise provided by law or court order:(1) if an appeal is dismissed, costs must be awarded for the appellantee unless the parties agree otherwise;(2) if a judgment or order is affirmed, costs must be awarded against for the appellee; (3) if a judgment or order is reversed, costs must be awarded against for the appellant; (4) if a judgment or order is affirmed or reversed in part, or is vacated, costs are awarded only as the court orders(b) Costs for and against the State of Utah. In cases involving the State of Utah or an agency or officer thereof, the court has discretion to award of costs for or against the State unless specifically required or prohibited by law.(c) Costs on appeal.(1)$3.00 per page of a printed brief and attachments;(2) actual costs incurred in preparing and transmitting the record, including costs of the reporter's transcript unless the court orders otherwise; (3) premiums paid for supersedeas or cost bonds to preserve rights pending appeal; and (4) fees for filing and docketing the appeal. (d) Bill of costs awarded after remittitur. A party claiming costs must, within 14 days after the remittitur is filed with the trial court clerk, serve upon the adverse party and file with the clerk of the trial court an itemized and verified bill of costs. The adverse party may, within seven days of service of the bill of costs, serve and file a notice of objection, together with a motion to have the trial court award costs. If there is no objection to the cost bill within the allotted time, the trial court clerk must award the costs as filed and enter judgment for the party entitled thereto, which judgment will be entered in the judgment docket with the same force and effect as in the case of other judgments of record. If the cost bill of the prevailing party is timely opposed, the clerk, upon reasonable notice and hearing, must award the costs and enter a final determination and judgment in the docket with the same force and effect as in the case of other judgments of record. The clerk's determination will be reviewable by the trial court upon the request of either party made within seven days of the entry of the judgment.(e) Costs in other proceedings and agency appeals. In all other matters before the court, including appeals from an agency, costs may be allowed as in cases on appeal from a trial court. Within 15 days after the time to file a petition for rehearing expiresor within 14 days after an order denying such a petition, the party to whom costs have been awarded may file with the appellate clerk and serve on the adverse party an itemized and verified bill of costs. The adverse party may, within seven days after the bill of costs is served, file a notice of objection and a motion to have the costs awarded by the clerk. If no objection to the cost bill is filed within the allotted time, the clerk must thereupon award the costs and enter judgment against the adverse party. If the adverse party timely objects to the cost bill, the clerk, upon reasonable notice and hearing, will determine and settle the costs, award the same, and a judgment will be entered thereon against the adverse party. The clerk's determination will be reviewable by the court upon either party's request made within seven days after judgment is entered. Unless otherwise ordered, oral argument will not be permitted. A judgment under this paragraph may be filed with the clerk of any district court in the state, who must docket the judgment in the same manner and with the same force and effect asdistrict court judgments.Amended February 5, 2021, effective 5/1/2021.Advisory Committee Notes
In an effort to conform with the Supreme Court's directive to use plain language where possible, the Court approved changing the term "taxed" to "awarded." No substantive change is intended with this amendment.
Adopted 2021.