Legislation
SECTION 8301
Taxable disbursements
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 83
§ 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:
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 section fifty-three 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.
appeal. A party to whom costs are awarded in an action or on appeal is
entitled to tax his necessary disbursements for:
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 section fifty-three 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.