Rule 54. Judgments and Costs

Rule 54.04. Costs

(1) Costs included in the bill of costs prepared by the clerk shall be allowed to the prevailing party unless the court otherwise directs, but costs against the state, its officers, or its agencies shall be imposed only to the extent permitted by law.

(2) Costs not included in the bill of costs prepared by the clerk are allowable only in the court’s discretion. Discretionary costs allowable are: reasonable and necessary court reporter expenses for depositions or trials, reasonable and necessary expert witness fees for depositions (or stipulated reports) and for trials, reasonable and necessary interpreter fees not paid pursuant to Tennessee Supreme Court Rule 42, and guardian ad litem fees; travel expenses are not allowable discretionary costs. Subject to Rule 41.04, a party requesting discretionary costs shall file and serve a motion within thirty (30) days after entry of judgment. The trial court retains jurisdiction over a motion for discretionary costs even though a party has filed a notice of appeal. The court may tax discretionary costs at the time of voluntary dismissal. In the event an appeal results in the final disposition of the case, under which there is a different prevailing party than the prevailing party under the trial court’s judgment, the new prevailing party may request discretionary costs by filing a motion in the trial court, which motion shall be filed and served within thirty (30) days after filing of the appellate court’s mandate in the trial court pursuant to Rule 43(a), Tenn. R. App. P.

[As amended by order entered January 23, 1986, effective August 1, 1986, by order entered March 18, 1986, by order entered January 25, 1991, effective July 1, 1991, by order entered January 28, 1993, effective July 1, 1993; by order filed February 1, 1995, effective July 1, 1995;  by order filed January 23, 2001, effective July 1, 2001, by by (sic) order filed December 10, 2003; effective July 1, 2004;  by order effective July 1, 2005; and by order filed December 18, 2012, effective July 1, 2013.]

Click here for Advisory Commission Comments to Rules 54.01-54.04.


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