Phil. Cnty. Pa. *227.5

As amended through December 18, 2021
Rule *227.5 - Bill of Costs
(A)Time for Filing. A bill of costs may be filed with the Office of Judicial Records no later than ten (10) days after final judgment. A judgment becomes final when the applicable appeal period has expired without appeal. A copy of the bill of costs shall immediately be served on all parties to the action and an affidavit of service filed with the Office of Judicial Records within two days after service.
(B)Parties Entitled. Costs shall be allowed to a prevailing party except as otherwise provided by law or unless waived by a party who would otherwise be entitled thereto. A prevailing party shall include:
(1) A party in whose favor a final judgment is entered.
(2) A party in favor of whom a non pros is entered.
(3) Defendants for whom judgment is entered, or who are dismissed from the action, even though the plaintiff ultimately prevails over the remaining defendants.
(C)Contents. A bill of costs shall itemize those costs claimed to be due. The costs claimed may include:
(1)Record Costs. All costs of record appearing on the docket including but not limited to the Office of Judicial Records fees and costs, the Sheriff's fees and costs, and the jury fee.
(2)Non-record Costs. Costs not appearing of record, including but not limited to:
(a)Statutory witness fees. The bill shall set forth the names of witnesses, the dates of their attendance, the number of miles actually travelled by them, and the place from which mileage is claimed;
(b) Costs of subpoenas for appearance in Court, including costs of service thereof;
(c) Costs of maps in eminent domain actions;
(d) Fees of appraisers, auditors and/or examiners where necessary to the action;
(e) Notary fees;
(f) Attorneys' fees if expressly authorized by statute or stipulation; and
(g) Filing fee for the bill of costs.
(3) Such other costs as are allowable by law.
(D)Proof of Costs. The bill of costs shall be verified by the affidavit of the party, his agent or attorney, stating that the disbursements set forth have been necessarily incurred and are reasonable in amount, and if incurred for the attendance of witnesses, that the witnesses named were actually present in Court and that, in his opinion, they were material witnesses.
(E)Exceptions. No later than twenty (20) days after final judgment, exceptions (identifying those costs to which objection is made with the reason therefor) shall be filed with the Office of Judicial Records and a copy served on other parties. Failure to so file exceptions shall be deemed a waiver of all objections. Upon expiration of the period for filing exceptions and upon praecipe, the Office of Judicial Records shall (1) where exceptions have been so filed, set a hearing date and give theparties at least ten days notice thereof; or (2) where no exceptions have been so filed, impose the costs. Where a hearing is held, upon conclusion thereof, the Office of Judicial Records shall decide what costs are to be taxed and shall file a decision itemizing the taxable costs.
(F)Appeal. An affected party may appeal from the Office of Judicial Records decision within ten (10) days from the date of written notice thereof by filing a notice of appeal of taxation of costs in accordance with the procedure for filing a motion as set forth in Philadelphia Civil Rule *208.3(b)(3). The cover sheet shall set forth the name of the Trial Judge, that the action was an arbitration matter, or that no judge had been assigned. The notice of appeal shall specify the costs taxed by the Office of Judicial Records to which the appellant excepts and the reasons for the exceptions. The notice of appeal shall be filed with the Motion Court and a copy shall immediately be served upon all interested parties. If the Court modifies the decision of the Office of Judicial Records as to the amount or responsibility for costs, the reasons therefor shall be stated in writing and filed of record.
(G)Enforcement of Payment. After taxation is final, the costs shall be entered on the record, included in the final judgment and collected with that judgment. Where costs are taxed against a party without a judgment for monetary damages, a judgment in the amount of the costs taxed shall be entered against such party.
(H)Taxation of Costs of Settlement. Upon disposition by settlement, each party shall bear its own costs unless otherwise agreed.
(I)Forms.
(1) The bill of costs shall be substantially in the following form:

See www.courts.phila.gov/forms for the current version of the Bill of Costs

(2) The praecipe referred to in paragraph (E) above shall be substantially in the following form:

See www.courts.phila.gov/forms for the current version of the Praecipe to Tax Costs.

Phil. Cnty. Pa. *227.5

Former Rule 380; originally Star Rule *308, amended by The Board of Judges, November 15, 1979, effective immediately; further amended by General Court Regulation 84-66, effective 11/6/1984. Amended May 20, 2004, effective 7/26/2004.