Unless otherwise ordered by the appellate court, the prevailing party shall recover costs as follows:
(1) upon a judgment on the merits, costs in the amount of $300;
(2) upon a dismissal, $10.
(Amended effective September 15, 1994; amended effective March 1, 2001.)
Unless otherwise ordered by the appellate court, the prevailing party shall be allowed that party's disbursements necessarily paid or incurred. The prevailing party will not be allowed to tax as a disbursement the cost of preparing informal briefs or submissions designated in Rule 128.01, subd. 2.
(Amended effective for appeals taken on or after January 1, 1992; amended effective March 1, 2001.)
A prevailing party seeking taxation of costs and disbursements shall file and serve a notice of taxation of costs and disbursements within 14 days of the filing of the court's order or decision.
Upon reversal in the Supreme Court, a party prevailing in that Court who did not prevail in the Court of Appeals may file and serve separate notices for costs and disbursements in each appellate court within 14 days after the filing of the decision of the Supreme Court, separately identifying costs and disbursements incurred in each court.
Written objections to any taxation of costs and disbursements shall be filed and served with the clerk of the appellate courts within 7 days after service of the notice of taxation. Failure to file and serve timely written objections shall constitute a waiver.
If no objections are filed, the clerk may tax costs and disbursements in accordance with these rules. If objections are filed, the appropriate appellate court shall determine the amount of costs and disbursements to be taxed. There shall be no appeal from the taxation of costs and disbursements.
(Amended effective March 1, 2001; amended effective January 1, 2020.)
The appellate court upon its own initiative or the motion of any party may disallow the prevailing party's costs or disbursements or both, in whole or in part, for a violation of these rules or for other good cause. The prevailing party will not be allowed to tax as a disbursement the cost of reproducing parts of the record which are not relevant to the issues on appeal.
(Amended effective July 1, 2014; amended effective January 1, 2020.)
A party seeking attorneys' fees on appeal shall submit such a request by motion under Rule 127. The court may grant on its own motion an award of reasonable attorneys' fees to any party. All motions for fees must be submitted no later than within the time for taxation of costs, or such other period of time as the court directs. All motions for fees must include sufficient documentation to enable the appellate court to determine the appropriate amount of fees.
Any response to a motion for fees shall state the grounds for the objections with specificity and shall be filed within 14 days of the date the motion is served, unless the appellate court allows a longer time. On the court's own motion or the request of a party, a request for attorneys' fees may be remanded to the district court for appropriate hearing and determination.
Where allowed by law, a pre-decision application for fees, and any response to such an application, may be made by motion as provided by Rule 127.
(Added effective January 1, 1999; amended effective January 1, 2020.)