Rule 34. Costs.
(a)To whom allowed.Costs are awarded only in civil cases. Except as otherwise provided by law orcourt order:
(1) if an appealis dismissed, costs must be awarded for the appellee unless the parties agreeotherwise;
(2) if a judgmentor order is affirmed, costs must be awarded for the appellee;
(3) if a judgmentor order is reversed, costs must be awarded for the appellant;
(4) if a judgmentor order is affirmed or reversed in part, or is vacated, costs are awarded onlyas 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 courthas discretion to award costs for or against the State unless specificallyrequired or prohibited by law.
(c)Costs on appeal. The following costsmay be awarded:
(1) $3.00 per page of a printed brief andattachments;
(2) actual costsincurred in preparing and transmitting the record, including costs of thereporter?s transcript unless the court orders otherwise;
(3) premiums paid for supersedeas or costbonds to preserve rights pending appeal; and
(4) fees forfiling and docketing the appeal.
(d)Bill of costs awarded after remittitur.A party claiming costs must, within 14 days after the remittitur is filed withthe trial court clerk, serve on the adverse party and file with the trial courtclerk an itemized and verified bill of costs. The adverse party may, withinseven days of service of the bill of costs, serve and file a notice ofobjection, together with a motion to have the trial court award costs. If thereis no objection to the cost bill within the allotted time, the trial courtclerk must award the costs as filed and enter judgment for the party entitledthereto, which judgment will be entered in the judgment docket with the sameforce and effect as in the case of other judgments of record. If the cost billof the prevailing party is timely opposed, the clerk, upon reasonable noticeand hearing, must award the costs and enter a final determination and judgmentin the docket with the same force and effect as in the case of other judgmentsof record. The clerk?s determination will be reviewable by the trial court uponthe request of either party made within seven days of the entry of thejudgment.
(e) Costs in other proceedings and agencyappeals. In all other matters before the court, including appeals from anagency, costs may be allowed as in cases on appeal from a trial court. Within14 days after the time to file a petition for rehearing expires or within 14days after an order denying such a petition, the party to whom costs have beenawarded may file with the appellate clerk and serve on the adverse party anitemized and verified bill of costs. The adverse party may, within seven daysafter the bill of costs is served, file a notice of objection and a motion tohave the costs awarded by the clerk. If no objection to the cost bill is filedwithin the allotted time, the clerk must thereupon award the costs and enterjudgment against the adverse party. If the adverse party timely objects to the costbill, the clerk, upon reasonable notice and hearing, will determine and settlethe costs, award the same, and a judgment will beentered thereon against the adverse party. The clerk?s determination will bereviewable by the court upon either party?s request made within seven daysafter judgment is entered. Unless otherwise ordered, oral argument will not bepermitted. A judgment under this paragraph may be filed with the clerk of anydistrict court in the state, who must docket the judgment in the same mannerand with the same force and effect as district court judgments.
Effective May 1, 2021.
Advisory Committee Note
Inan effort to conform with the Supreme Court?s directive to use plain languagewhere possible, the Court approved changing the term ?taxed? to ?awarded.? Nosubstantive change is intended with this amendment.