Legislation
SECTION 8401
Computation by clerk
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 84
§ 8401. Computation by clerk. Costs, disbursements and additional
allowances shall be taxed by the clerk upon the application of the party
entitled thereto. A valuation of property necessary for fixing an
additional allowance shall be ascertained by the court, unless it has
been fixed by the decision of the court, verdict of the jury, or report
of the referee or commissioners, upon which the judgment is entered. The
clerk, whether or not objection is made, shall examine the bills
presented to him for taxation; shall satisfy himself that all the items
allowed by him are correct and allowable; and shall strike out all items
of disbursements, other than the prospective charges expressly allowed
by law, not supported by affidavit showing that they have been
necessarily incurred and are reasonable in amount. The clerk shall
insert in the judgment the total of the amount taxed as costs,
disbursements and additional allowances.
allowances shall be taxed by the clerk upon the application of the party
entitled thereto. A valuation of property necessary for fixing an
additional allowance shall be ascertained by the court, unless it has
been fixed by the decision of the court, verdict of the jury, or report
of the referee or commissioners, upon which the judgment is entered. The
clerk, whether or not objection is made, shall examine the bills
presented to him for taxation; shall satisfy himself that all the items
allowed by him are correct and allowable; and shall strike out all items
of disbursements, other than the prospective charges expressly allowed
by law, not supported by affidavit showing that they have been
necessarily incurred and are reasonable in amount. The clerk shall
insert in the judgment the total of the amount taxed as costs,
disbursements and additional allowances.