Rule 39 - Costs Abrogated(a)Assessment. The following rules apply unless the law provides or the Court orders otherwise: (1) if an appeal is dismissed, costs are taxed against the appellant, unless the parties agree otherwise;(2) if a judgment is affirmed, costs are taxed against the appellant;(3) if a judgment is reversed with direction for entry of judgment for the appellant, costs are taxed against the appellee;(4) if a judgment is reversed and remanded for a new trial, costs on the appeal are taxed against the appellee, but costs on the first trial will be held in abeyance pending judgment in the new trial when costs of both trials will be allowed to the prevailing party;(5) if a judgment is affirmed in part, reversed in part, modified, or vacated, costs are allowed only as the Court orders.(b)Costs Against the State of Vermont. In cases involving the State of Vermont or an agency or officer of the state, costs are taxed against the state only to the extent permitted by law.(c)Costs Taxable in the Supreme Court. The following costs will be taxed in the Supreme Court: (1) costs allowable under 32 V.S.A. § 1471 and incurred in the Court;(2) the cost of the transcript, if necessary for the determination of the appeal; and(3) the cost of producing a paper copy of a brief or a required printed case for service on a self-represented litigant, who is not served electronically.(d)Bill of Costs: Objections; Insertion in Mandate.(1) A party who seeks costs must - within 14 days after entry of judgment - file with the clerk, with proof of service, an itemized and verified bill of costs. (2) Objections must be filed within 14 days after service of the bill of costs, unless the Court extends the time. (A) Unnecessary matter will not be allowed as costs.(B) The deputy clerk will determine all questions that arise concerning unnecessary matter, subject to review by the justice who signed the opinion if that review is requested within 14 days after costs are taxed.(3) The deputy clerk must prepare and certify an itemized statement of costs to insert in the mandate, but issuance of the mandate will not be delayed for taxing costs. If the mandate issues before costs are finally determined, the superior court clerk must - upon the deputy clerk's request - add the statement of costs, or any amendment of it, to the mandate.(e)Costs on Appeal Taxable in the Superior or District Court. The superior court must tax the premiums paid for costs of bonds to preserve rights pending appeal in favor of the party entitled to costs under this rule.(f)Attorneys' Fees. A party seeking attorney's fees and other nontaxable expenses incurred on appeal must file a motion in the superior court under V.R.C.P. 54(d)(2) within 14 days after the Court issues the mandate according to Rule 41(a). The motion may be joined or consolidated with a motion for fees or expenses in the superior court.Amended Dec. 11, 1980, eff. 2/2/1981; 1/9/1985, eff. 3/15/1985; 2/22/1996, eff. 7/1/1996; 6/11/2013, eff. 9/1/2013; amended Sept. 20, 2017, eff. 1/1/2018; amended July 13, 2021, eff. 8/17/2021.Reporter's Notes-2021 Amendment
Rule 30(c)(3) is amended to clarify when costs are allowed for reproducing briefs or the printed case. The amendment limits an award of costs for producing a paper copy of a brief or a required printed case for when it is required to serve a self-represented litigant, who is not served electronically, either because the self-represented litigant has chosen to electronically file or because there is an agreement for alternate service by email.
Rule 30(e) is amended to reflect that the parties do not incur costs for preparing or forwarding the record.
Reporter's Notes-2018 Amendment
Rules 39(d)(2) and (d)(2)(B) are amended to conform their 7-day and 10-day time periods to the simultaneous amendment of V.R.C.P. 6(a).
14. That Rule 45.1(e) of the Veraiont Rules of Appellate Procedure be amended to read as follows (new matter underlined; deleted matter struck through):