N.Y. Civil Practice Law and Rules 8301 – Taxable disbursements
§ 8301. Taxable disbursements. (a) Disbursements in action or on appeal. A party to whom costs are awarded in an action or on appeal is entitled to tax his necessary disbursements for:
Terms Used In N.Y. Civil Practice Law and Rules 8301
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
1. the legal fees of witnesses and of referees and other officers;
2. the reasonable compensation of commissioners taking depositions;
3. the legal fees for publication, where publication is directed pursuant to law;
4. the legal fees paid for a certified copy of a paper necessarily obtained for use on the trial;
5. the expense of securing copies of opinions and charges of judges;
6. the reasonable expenses of printing the papers for a hearing, when required;
7. the prospective charges for entering and docketing the judgment;
8. the sheriff's fees for receiving and returning one execution;
9. the reasonable expense of taking, and making two transcripts of testimony on an examination before trial, not exceeding two hundred fifty dollars in any one action;
10. the expenses of searches made by title insurance, abstract or searching companies, or by any public officer authorized to make official searches and certify to the same, or by the attorney for the party to whom costs are awarded, taxable at rates not exceeding the cost of similar official searches;
11. the reasonable expenses actually incurred in securing an undertaking to stay enforcement of a judgment subsequently reversed; and
12. any fee imposed by § 53 of the general municipal law; and
13. such other reasonable and necessary expenses as are taxable according to the course and practice of the court, by express provision of law or by order of the court.
(b) Disbursements on motion. Upon motion of any party made after the determination of a motion, or upon its own initiative, the court may allow any party thereto to tax as disbursements his reasonable and necessary expenses of the motion.
(c) Disbursements to party not awarded costs. The court may allow taxation of disbursements by a party not awarded costs in an action or on appeal; and shall allow taxation of disbursements by a party not awarded costs in an action for a sum of money only where he recovers the sum of fifty dollars or more.
(d) Reasonable fees taxable. Where an expense for a service performed, other than a search, is a taxable disbursement, the court may allow its taxation in an amount equal to the reasonable sum actually and necessarily expended therefor, if it is the usual charge made by private persons for the service, although it is in excess of the fee allowed a public officer.