New York Bill Costs Template

Misconception 1: The Bill of Costs form is only for large cases.

This is not true. The Bill of Costs can be used in any civil case where costs and disbursements need to be documented, regardless of the size of the case.

Misconception 2: You cannot claim costs if you lose the case.

Actually, costs can still be claimed even if you are not the prevailing party. However, the amount you can recover may be limited.

Misconception 3: The Bill of Costs form is optional.

In many cases, submitting a Bill of Costs is required to recover costs associated with litigation. It is important to check local rules.

Misconception 4: All costs are automatically granted.

This is misleading. The court has the discretion to grant or deny specific costs based on what it deems reasonable and necessary.

Misconception 5: You can claim any expense as a cost.

Costs must be related to the litigation and typically fall under specific categories outlined in the CPLR. Not all expenses are recoverable.

Misconception 6: The Bill of Costs must be filed immediately after the trial.

While there are deadlines, you may have a specific timeframe to file the Bill of Costs after a judgment is entered, depending on the type of case.

Misconception 7: You need to have an attorney to file a Bill of Costs.

Although having legal representation can be beneficial, individuals can file a Bill of Costs on their own if they understand the requirements.

Misconception 8: You cannot recover costs for expert witness fees.

Expert witness fees can be recovered, but only if they are reasonable and necessary for the case. This must be clearly documented.

Misconception 9: There is no need to serve the Bill of Costs to the opposing party.

It is essential to serve the Bill of Costs to the opposing party, as this allows them the opportunity to contest the claimed costs.

Misconception 10: The Bill of Costs is the same as a motion for summary judgment.

These are different legal documents. The Bill of Costs specifically addresses the costs incurred during litigation, while a motion for summary judgment seeks a ruling on the merits of the case.

When filling out the New York Bill Costs form, it is essential to approach the task with care and precision. Here are some important dos and don’ts to keep in mind:

• Do ensure that all required information is accurately filled in, including the index number and the names of the parties involved.
• Do double-check the calculations for costs and disbursements to avoid errors that could delay the process.
• Do keep a copy of the completed form for your records, as this can be helpful for future reference.
• Do follow the specific instructions regarding the submission process, including how to serve the bill of costs to opposing counsel.

• Don't leave any sections of the form blank; incomplete forms may be rejected or lead to complications.
• Don't include costs or disbursements that are not allowable under the relevant statutes, as this could undermine your claim.
• Don't forget to sign and date the affirmation at the end of the form; an unsigned document may be considered invalid.
• Don't neglect to serve the bill of costs in a timely manner, as delays could impact your case negatively.

• Invoice for Legal Services: Similar to the New York Bill Costs form, an invoice for legal services itemizes the fees charged by an attorney for their work. Both documents serve to outline costs incurred, ensuring transparency between clients and their legal representatives.

• Statement of Account: A statement of account provides a summary of financial transactions related to a specific case. Like the Bill Costs form, it details amounts owed and payments made, offering a clear picture of financial obligations.

• Cost Memorandum: This document outlines the costs associated with a legal proceeding, similar to the Bill Costs form. It is often used to support claims for reimbursement of expenses incurred during litigation.

• Affidavit of Service: An affidavit of service confirms that legal documents were delivered to the appropriate parties. Both the affidavit and the Bill Costs form require sworn statements, ensuring that all actions taken in the legal process are documented and verifiable.

• Notice of Taxation: A notice of taxation informs parties about the assessment of legal costs. Much like the Bill Costs form, it is a formal document that plays a crucial role in determining the final costs to be paid in a case.

• Judgment Summary: A judgment summary provides an overview of the court's decision, including any awarded costs. This document aligns with the Bill Costs form by summarizing the financial implications of a legal ruling.

How to Write New York Bill Costs

Completing the New York Bill Costs form is an essential step in the legal process when seeking reimbursement for costs incurred during a case. Following the correct procedure ensures that all necessary information is accurately captured, allowing for a smoother review and approval process. Below are the steps to fill out the form correctly.

1. Begin by entering the Court County and Index Number at the top of the form.
2. List the names of the Plaintiff(s) and Defendant(s) in the appropriate sections.
3. Fill in the section for Costs before the note of issue, after the note of issue, and trial costs, referencing the corresponding CPLR sections.
4. Detail any Allowance by statute and additional allowances, again noting the relevant CPLR sections.
5. Include any Motion costs and appeal costs, specifying whether it is to the Appellate Term, Appellate Division, or Court of Appeals.
6. Document any costs related to frivolous claims and counterclaims.
7. Next, move to the DISBURSEMENTS section and list all applicable fees, such as the fee for index number, referee's fees, and clerk's fees, along with their respective CPLR references.
8. Calculate the total costs and disbursements, ensuring accuracy in your calculations.
9. In the sworn statement section, provide your name and address, confirming that you are not a party to the action and are over 18 years of age.
10. Indicate how the bill of costs was served to the attorney(s) for the opposing party, selecting either option (a) or (b) and providing the necessary details.
11. Complete the Attorney's Affirmation section, affirming the accuracy of the disbursements and witness attendance. Include your signature and print your name beneath it.
12. Finally, ensure that the form is dated appropriately.

Filling out the New York Bill of Costs form can be a straightforward process, but many people make common mistakes that can lead to delays or complications. One frequent error is failing to include all necessary costs and disbursements. It’s essential to review the entire list of potential costs carefully. Missing even a small item could result in a lower recovery amount, which can be frustrating for those seeking reimbursement.

Another mistake often seen is incorrect calculations. Individuals sometimes miscalculate totals, either by adding costs incorrectly or by failing to include all applicable charges. It is crucial to double-check all figures and ensure that the totals reflect the actual expenses incurred. A simple arithmetic error can undermine the credibility of the entire submission.

People also frequently overlook the importance of proper documentation. Supporting documents, such as receipts or invoices, must accompany the Bill of Costs form. Without these documents, claims for costs may be denied or challenged. Therefore, gathering and organizing all necessary paperwork before submission is vital to support the claims made in the form.

Another common pitfall is not adhering to the specific formatting and procedural requirements outlined in the form. Each section must be filled out correctly, and any instructions provided should be followed closely. Ignoring these details can lead to the form being rejected or returned for corrections, which can delay the process significantly.

Finally, individuals often forget to sign and date the form properly. A signature is required to validate the submission, and any missing information can result in delays. Ensuring that all required signatures are present, along with the correct date, is a simple yet critical step that should not be overlooked.

Filling out and using the New York Bill of Costs form can be a straightforward process if you keep a few key points in mind. Here are some important takeaways to help guide you:

• Understand the Purpose: The Bill of Costs form is used to request reimbursement for legal costs and disbursements incurred during a lawsuit. Knowing its purpose will help you fill it out accurately.
• Detail All Costs: Be thorough when listing costs and disbursements. Include everything from court fees to witness expenses. Omitting items could lead to less reimbursement.
• Follow the CPLR Guidelines: Familiarize yourself with the relevant sections of the Civil Practice Law and Rules (CPLR) that govern costs. This ensures you are claiming the correct amounts and types of costs.
• Serve the Notice Properly: After completing the form, ensure you serve it correctly to the opposing party. Use the methods outlined in the form to avoid any procedural issues.
• File on Time: Timeliness is crucial. Make sure to file the Bill of Costs within the appropriate timeframe after the conclusion of the case to secure your right to recover costs.

By keeping these takeaways in mind, you can navigate the Bill of Costs process with greater confidence and clarity.