What is a Memorandum of Costs in a Las Vegas Court Case?

Which costs are allowed in a court case is determined by law.  Costs have been determined to mean a wide range of items, from copy charges, witness fees and legal research. NRS 18.005 defines costs in Nevada:

  NRS 18.005  “Costs” defined.  For the purposes of NRS 18.010 to 18.150, inclusive, the term “costs” means:
      1.  Clerks’ fees.
      2.  Reporters’ fees for depositions, including a reporter’s fee for one copy of each deposition.
      3.  Jurors’ fees and expenses, together with reasonable compensation of an officer appointed to act in accordance with NRS 16.120.
      4.  Fees for witnesses at trial, pretrial hearings and deposing witnesses, unless the court finds that the witness was called at the instance of the prevailing party without reason or necessity.
      5.  Reasonable fees of not more than five expert witnesses in an amount of not more than $1,500 for each witness, unless the court allows a larger fee after determining that the circumstances surrounding the expert’s testimony were of such necessity as to require the larger fee.
      6.  Reasonable fees of necessary interpreters.
      7.  The fee of any sheriff or licensed process server for the delivery or service of any summons or subpoena used in the action, unless the court determines that the service was not necessary.
      8.  Compensation for the official reporter or reporter pro tempore.
      9.  Reasonable costs for any bond or undertaking required as part of the action.
      10.  Fees of a court bailiff or deputy marshal who was required to work overtime.
      11.  Reasonable costs for telecopies.
      12.  Reasonable costs for photocopies.
      13.  Reasonable costs for long distance telephone calls.
      14.  Reasonable costs for postage.
      15.  Reasonable costs for travel and lodging incurred taking depositions and conducting discovery.
      16.  Fees charged pursuant to NRS 19.0335.
      17.  Any other reasonable and necessary expense incurred in connection with the action, including reasonable and necessary expenses for computerized services for legal research.

So, how does a party actually recover costs?  The winning party must submit what is called a Memorandum of Costs. This has a tight timeline and must be done within 5 days from the date of the entry of judgment. NRS 18.110 sets out all of the relevant guidelines to follow:

  NRS 18.110  Verified memorandum of costs: Filing and service; witness’ and clerk’s fee; retaxing and settling costs.
      1.  The party in whose favor judgment is rendered, and who claims costs, must file with the clerk, and serve a copy upon the adverse party, within 5 days after the entry of judgment, or such further time as the court or judge may grant, a memorandum of the items of the costs in the action or proceeding, which memorandum must be verified by the oath of the party, or the party’s attorney or agent, or by the clerk of the party’s attorney, stating that to the best of his or her knowledge and belief the items are correct, and that the costs have been necessarily incurred in the action or proceeding.
      2.  The party in whose favor judgment is rendered shall be entitled to recover the witness fees, although at the time the party may not actually have paid them. Issuance or service of subpoena shall not be necessary to entitle a prevailing party to tax, as costs, witness fees and mileage, provided that such witnesses be sworn and testify in the cause.
      3.  It shall not be necessary to embody in the memorandum the fees of the clerk, but the clerk shall add the same according to the fees of the clerk fixed by statute.
      4.  Within 3 days after service of a copy of the memorandum, the adverse party may move the court, upon 2 days’ notice, to retax and settle the costs, notice of which motion shall be filed and served on the prevailing party claiming costs. Upon the hearing of the motion the court or judge shall settle the costs.

After this Memorandum of costs is filed, the opposing party only has 3 days in which to object to the costs request. This is called a Motion to Retax. Once the court has both documents, and supporting documentation, they will make a decision (either with or without a court hearing).
 
Next time, we will discuss immigration status in personal injury actions.