(1) Unless otherwise ordered by the court, within the time set forth in ARM 24.5.320, a prevailing claimant shall serve an application for taxation of costs on any party against whom costs are to be assessed. The claimant shall file the application with the court.

(2) The attorney for the claimant, or the claimant personally if appearing pro sé, shall sign the application for taxation of costs. The signature on the application is a certification by the person signing the application of the accuracy of the costs claimed and that the costs incurred were reasonable and necessary to the case.

(3) The court allows reasonable costs. The court judges the reasonableness of a given item of cost claimed in light of the facts and circumstances of the case and the issues upon which the claimant prevailed.

(4) The following are examples of costs that are generally found to be reasonable:

(a) deposition costs (reporter's fee and transcription cost), if the deposition is filed with the court;

(b) witness fees and mileage, as allowed by statute, for non-party fact witnesses;

(c) expert witness fees, including reasonable preparation time, for testimony either at deposition or at trial, but not at both;

(d) travel and lodging expenses of counsel for attending depositions;

(e) fees and expenses necessary for the perpetuation or presentation of evidence offered at trial, such as recording, videotaping, or photographing exhibits;

(f) documented photocopy expenses;

(g) documented long-distance telephone expenses; and

(h) documented postage expenses.

(5) The following are examples of costs that are generally found not to be reasonable:

(a) trial transcripts ordered by the parties prior to any appeal;

(b) secretarial time; and

(c) items of ordinary office overhead not typically billed to clients.

(6) Items of cost not specifically listed in this rule may be awarded by the court, in accordance with the principles in (3).

(7) If an insurer objects to any item of costs claimed:

(a) Within the time set forth in ARM 24.5.320, the insurer shall serve on the prevailing claimant written objections to specific items of costs. The insurer shall file the objections with the court.

(b) Within the time set forth in ARM 24.5.320, the prevailing claimant shall serve on the insurer a response. The claimant shall file the response with the court. No reply brief is allowed.

History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 1996 MAR p. 557, Eff. 2/23/96; AMD, 2014 MAR p. 2829, Eff. 3/1/15.