What is Rule 8.278?

• The party that wins the appeal usually gets their costs paid by the losing party.
• The winning party is:
  • The appellant (the one who appealed) if they win and the lower court’s decision is reversed.
  • The respondent (the one defending the appeal) if they win and the lower court’s decision is affirmed (stays the same).
  • If both sides win a little or the case is complicated, the court decides who gets costs.
  • The court can also say no costs for anyone if it believes that’s fair.

What costs can be recovered?

The winning party can get reimbursed for:

1. Filing fees (fees paid to the court to start the appeal).
2. Transcript costs (costs for preparing records of court proceedings).
3. Printing and copying fees (costs for making copies of legal papers like briefs).
4. Service costs (costs for delivering legal papers to the other party).
5. Other costs allowed by law (any other necessary expenses the law permits).

How do you claim costs?

1. The winning party must file a request for costs (a “memorandum of costs”) in the trial court within 40 days after the appeal is officially finished.
2. The losing party has 15 days to challenge the costs if they think they’re unfair.
3. If the losing party does nothing, the court will approve the costs as listed.
4. If a challenge is carried out, the court will decide which costs are reasonable.

How do you enforce payment?

• If the losing party doesn’t pay, the winning party can enforce the costs award like a judgment, meaning they can take legal steps to collect the money.