Leh. Cnty. Pa. 1037.2

As amended through July 1, 2023
Rule 1037.2 - Bill of Costs. Taxation
(a) A bill of costs for attendance of witnesses, service of subpoenas, and other expenses recoverable according to law or rule of court must be filed in the office of the clerk of courts, as may be appropriate, within ten (10) days after the trial, continuance or failure to reach the case, and a copy thereof shall be forthwith served upon all adverse parties or their attorneys. In equity hearings and trials without jury where an adjudication or decision is delayed by the court, a bill of costs will be deemed timely if filed within ten (10) days after entry of the adjudication or decision on the docket.
(b) Bills of costs shall bear the correct caption of the action and must contain the names of witnesses, the days of attendance, the number of miles traveled by each witness, and sufficient information to support all items of expense for which recovery is sought. The bill of costs shall be verified by the party or counsel of record, who shall state under oath, that the expenses listed are accurate and correct and that the witnesses listed were actually present in court on the days alleged and that in the opinion of the deponent their testimony was material.
(c) A party upon whom a bill of costs has been served may, within ten (10) days, file exceptions thereto and demand that the same be taxed by the clerk of courts. Other items of cost may be taxed in the same manner. The clerk of courts shall thereupon fix a time and place for hearing, which hearing shall be not later than thirty (30) days after demand therefor. Each party shall be given at least ten (10) days notice of the hearing. Prior payment of costs shall not constitute a waiver of the rights conferred by this rule.
(d) Either party may appeal from the decision of the clerk of courts to the court within ten (10) days after notice of the decision. The appeal shall contain a specification of the items to which exception is taken and the reasons in support thereof and shall be accompanied by a praecipe placing the matter on the next available argument list. Copies of the appeal papers shall be served upon the adverse parties or their attorneys.
(e) Execution on a judgment will not be stayed pending proceedings to tax the costs or during an appeal therefrom unless the court shall so order, but any sum or sums collected on execution which represent items of costs which are then in dispute shall be paid to the clerk of courts, as may be appropriate, to be held pending the final outcome of the proceedings to tax such costs.

Leh. Cnty. Pa. 1037.2

Amended effective 1/1/2020; amended effective 7/1/2023.