The New York Bill of Costs form is a legal document used to outline the costs and disbursements incurred during a court case. It details various expenses related to the legal process, including fees for filing, witness attendance, and other necessary expenditures. To ensure accurate taxation of these costs, fill out the form by clicking the button below.
The New York Bill of Costs form is a crucial document in the legal process, specifically designed to outline the costs and disbursements incurred during litigation. This form is utilized by plaintiffs and defendants alike to itemize expenses before and after the note of issue, including trial-related costs, motion expenses, and fees associated with appeals to various courts. It incorporates specific sections from the Civil Practice Law and Rules (CPLR), detailing allowances for costs under different circumstances, such as frivolous claims and counterclaims. The form also provides a comprehensive list of disbursements, covering everything from filing fees and referee costs to jury fees and postage. Additionally, it includes a section for the attorney's affirmation, ensuring that all listed expenses are reasonable and necessary for the action at hand. Proper completion of this form is essential for the successful taxation of costs, as it serves as a formal notice to the court and opposing counsel regarding the financial aspects of the case.
156 -Bill of Costs (with CPLR sections) Blank Court: 1-95
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COURT
COUNTY OF
Index No.
Plaintiff(s)
against
Costs of
Defendant(s)
COSTS
Costs before note of issue CPLR §8201 subd. 1
Costs after note of issue CPLR §8201 subd. 2
Trial of issue
CPLR §8201 subd. 3 Allowance by statute
CPLR §8302(a),(b) Additional allowance
CPLR §8302(d) Motion costs
CPLR §8202 Appeal to Appellate Term
CPLR §8203(b)
Appeal to Appellate Division CPLR §8203(a)
Appeal to Court of Appeals CPLR §8204
Costs upon frivolous claims and counterclaims CPLR §8303-a
$
DISBURSEMENTS
Fee for index number CPLR §8018(a) Referee's fees CPLR §8301(a)(1), 8003(a) Commissioner's compensation CPLR §8301(a) (2)
Clerk's fee, filing notice of pend. or attch. CPLR §8021(a)(10) Entering and docketing judgment CPLR §8301(a)(7), 8016(a)(2) Paid for searches CPLR §8301(a)(10)
Affidavits & acknowledgments CPLR §8009
Serving copy summons & complaint CPLR §8011(h)(1), 8301(d) Request for judicial intervention
Note of issue CPLR §8020(a)
Paid referee's report CPLR §8301(a)(12) Transcripts and filing CPLR §8021 Certified copies of papers CPLR §8301(a)(4) Satisfaction piece CPLR §5020(a), 8021 Certified copy of judgment CPLR §8021 Postage CPLR §8301(a)(12)
Jury fee CPLR §8020(c) Stenographers' fees CPLR §8002, 8301 Sheriff's fees on execution CPLR §8011, 8012 Sheriff's fees, attachment, arrest, etc. CPLR §8011 Paid printing cases CPLR §8301(a)(6)
Clerk's fees Court of Appeals CPLR §8301(a)(12) Paid copies of papers CPLR §8016(a)(4)
Motion expenses CPLR §8301(b) Fees for publication CPLR §8301(a)(3) Serving subpoena CPLR §8011(h), 8301(d) Paid for search CPLR §8301(a)(10)
Referee's Report
Attendance of Witnesses CPLR §8001(a)(b)(c), 8301 (a)(1)
0
TOTAL
State of New York, County of
ss.:
being duly sworn, deposes, and says; that deponent is not a party to the action, is over 18 years of age and resides at
That on
deponent served the within bill of costs and notice of taxation on
attorney(s) for
herein, at his/her office at
during his/her absence from said office. Strike out either (a) or (b).
(a) by then and there leaving a true copy of the same with
his/her clerk; partner; person having charge of said office.
(b)and said office being closed, by depositing a true copy of the same, enclosed in a sealed wrapper directed to said attorney(s), in the office letter drop or box.
Sworn to before me on
being duly sworn, deposes and says; that deponent is not a party to the action, is over 18 years of age and resides at
attorney(s) for at
the address designated by said attorney(s) for that purpose by depositing a true copy of same enclosed in a post paid properly addressed wrapper, in--a post office--official depository under the exclusive care and custody of the United Sates Post Service within New York State.
Bill of Costs
and Notice of
Taxation
Please Take Notice that the within is a true copy of the items of costs and disbursements in the within action
taxed *
and the same will be taxed *
by the clerk of
Court, at his/her office in the courthouse thereof on
atM.
of that day--and the amount inserted in the judgment.
Yours, etc.
Attorney(s) for
To
Service of the within bill of costs and notice of taxation is hereby admitted on
ATTORNEY'S AFFIRMATION
STATE OF NEW YORK, COUNTY OF
ss.
The undersigned, an attorney admitted to practice in the courts of this state, affirms: that I am
the attorney(s) of record for the
in the above entitled action; that the foregoing disbursements have been or will be necessarily be made or incurred in this action and are reasonable in amount and that each of the persons named as witnessses attended as such witness on the trial, hearing or examination before trial herein the number of days set opposite their names; that each of said persons resided the number of miles set opposite their names, from the place of said trial, hearing or examination; and each of said persons, as such witness as aforesaid, necessarily traveled the number of miles to set opposite their names in traveling to, and the same distance in returning from, the same place of trial, hearing or examination; and that copies of documents or papers as charged herein were actually and necessarily obtained for use.
The undersigned affirms that the foregoing statements are true, under the penalties of perjury.
Dated:
The name signed must be printed beneath
* Check one (CPLR § 8402, 8403)
Filling out the New York Bill Costs form requires careful attention to detail. Each section of the form pertains to specific costs and disbursements associated with a legal action. Ensure that all entries are accurate and complete to facilitate a smooth process.
The New York Bill Costs form is used to itemize and request reimbursement for costs and disbursements incurred during a legal action. This form is essential for attorneys seeking to recover expenses related to court proceedings, including fees for filing, serving documents, and other necessary costs associated with the case. Properly completing this form ensures that all eligible expenses are accounted for and submitted for taxation by the court.
The Bill of Costs can include various categories of costs, such as:
Each of these costs is governed by specific sections of the CPLR, ensuring that only reasonable and necessary expenses are claimed.
To serve the Bill of Costs and notice of taxation, the document must be delivered to the attorney(s) representing the opposing party. This can be done in two ways:
It is crucial to ensure that service is completed properly to avoid any delays in the taxation process.
Once the Bill of Costs is submitted, it will be taxed by the clerk of the court. The clerk will review the submitted costs and disbursements to determine their validity and reasonableness. A notice will be provided indicating the amount that has been taxed. This amount will then be included in the judgment. It is important to monitor this process to ensure that all costs are properly recognized and accounted for.
Inaccurate Index Number: Many people forget to include the correct index number at the top of the form. This number is essential for identifying the case.
Missing Signature: Failing to sign the form can lead to delays. A signature is necessary to validate the document.
Incorrect Costs and Disbursements: Some individuals miscalculate the costs and disbursements. Double-checking these amounts is crucial to ensure accuracy.
Improper Service of Notice: People often overlook the requirement to properly serve the notice of taxation. This can result in complications later in the process.
Not Following the Format: Some forms are submitted without adhering to the required format. Using the correct format helps avoid confusion.
Ignoring Deadlines: Many fail to submit the form within the specified timeframe. Missing deadlines can jeopardize the recovery of costs.
The New York Bill Costs form is an important document in legal proceedings, particularly for outlining the costs and disbursements incurred during a case. Several other forms and documents are often used alongside this form to ensure a comprehensive understanding of the costs involved. Below is a list of these related documents, each serving a specific purpose in the legal process.
Each of these documents plays a vital role in the legal process, ensuring that all parties are informed and that the court has the necessary information to make decisions. Understanding these forms can help streamline the process and improve outcomes in legal matters.
The New York Bill of Costs form has similarities with the Affidavit of Service. Both documents serve to confirm that certain legal papers have been properly delivered to the involved parties. The Affidavit of Service outlines who served the documents, when, and how they were delivered, ensuring that all parties are aware of the proceedings. This transparency is crucial in maintaining the integrity of the legal process and protecting the rights of all individuals involved.
Another related document is the Motion for Costs. This motion is filed to request reimbursement for expenses incurred during litigation. Like the Bill of Costs, it details the specific costs that the requesting party believes should be covered. Both documents aim to provide a clear accounting of expenses, helping the court to make informed decisions about what costs are reasonable and should be awarded to the prevailing party.
The Statement of Net Worth shares a purpose with the Bill of Costs in that it provides a financial overview of a party's situation. This document is often used in divorce proceedings to determine financial obligations. Both forms require accurate financial disclosures, helping the court assess the appropriate costs and any potential awards or settlements based on each party's financial standing.
The Notice of Motion is another document that resembles the Bill of Costs. It is used to inform the court and the opposing party of a request for a specific legal action, such as the awarding of costs. Both documents are essential for notifying all parties about ongoing proceedings and ensuring that everyone is on the same page regarding what is being requested from the court.
The Judgment and Statement of Costs are closely related as well. After a court decision, the Judgment outlines the final ruling, while the Statement of Costs specifies the expenses incurred during the case. Both documents work together to finalize the financial aspects of a court ruling, ensuring that the awarded costs are clearly documented and understood by all parties involved.
The Request for Judicial Intervention (RJI) also bears similarities to the Bill of Costs. An RJI is filed to bring a matter before the court for resolution. While the Bill of Costs details specific expenses, the RJI sets the stage for the court's involvement in a case. Both documents are critical in moving a legal matter forward and ensuring that the court is informed of the issues at hand.
The Certificate of Merit is another document that can be compared to the Bill of Costs. This certificate is often required in certain types of litigation, such as medical malpractice cases, to demonstrate that the claims have merit. Both documents aim to establish the validity of claims and expenses, helping the court assess the legitimacy of the case being presented.
Lastly, the Settlement Agreement has parallels with the Bill of Costs. A Settlement Agreement outlines the terms agreed upon by the parties to resolve a dispute, including any financial considerations. Both documents are vital in finalizing the outcomes of legal proceedings and ensuring that all costs associated with the resolution are clearly articulated and agreed upon by all parties involved.
When filling out the New York Bill Costs form, it’s essential to be thorough and accurate. Here are some important dos and don'ts to keep in mind:
By following these guidelines, you can navigate the completion of the New York Bill Costs form with confidence and ensure a smoother process.
Understanding the New York Bill Costs form can be challenging. Several misconceptions often arise regarding its purpose and use. Here are six common misconceptions:
This is not true. The Bill of Costs can be utilized in any case where costs and disbursements have been incurred, regardless of the case's size.
In reality, each item listed on the Bill of Costs must be supported by appropriate documentation. This ensures that all claims are valid and justifiable.
Filing does not automatically ensure reimbursement. The court will review the submitted costs and make a determination based on the merits of each claim.
While attorneys typically handle this process, parties to the action may also file a Bill of Costs, provided they adhere to the required procedures.
Not all expenses qualify. Only those that are necessary and reasonable for the case can be included, as specified by the applicable rules.
This is misleading. Depending on the case's progression, additional Bills of Costs may be filed at various stages, especially after significant events like trials or appeals.
Filling out and using the New York Bill Costs form can be straightforward if you keep a few key points in mind. Here are some essential takeaways to guide you through the process:
By keeping these points in mind, you can navigate the Bill of Costs process more effectively and ensure that you are properly compensated for your legal expenses.