§ 2-114. Mandates and taxation of costs.

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§ 2-114. Mandates and taxation of costs.

   (A) Mandates.

   (1) Unless agreed by the parties and ordered by the court, no mandate will issue in any case during the time allowed for the filing of a motion for rehearing or petition for further review, or pending the consideration thereof.

   (2) Parties desiring to prosecute proceedings to the United States Supreme Court, and desiring an order staying the mandate, must make application within 7 days from the date of the filing of the opinion or other dispositive entry. The application must be accompanied by a written showing that a federal question is involved. If a motion for rehearing is filed, the application and showing shall be filed with the motion. If the application is granted, the court may require the giving of bond as a condition therefor.

   (3) A motion to recall a mandate must be filed in accordance with the provisions of § 2-106. The motion must be accompanied by a showing that no action has been taken on the mandate by the trial court. The opposing party may file objections to the motion to recall the mandate on or before the date of submission of the motion.

   (B) Costs.

   (1) The following costs are taxed in the Supreme Court and are itemized on the mandate:

   (a) Fees (Neb. Rev. Stat. § 33-103);

   (b) Transcript preparation fees (only in cases where appellant prevails);

   (c) Printing costs;

   (d) Attorney fees; and

   (e) Other fees and costs as awarded by the court.

   (2) The Supreme Court Clerk shall tax costs for the following printed briefs when filed in accordance with these rules: brief of each appellant; brief of each appellee; brief on cross-appeal; and only such portion of reply brief as is in response to the cross-appeal. No costs shall be taxed for other briefs. The amount taxed shall be the actual costs of printing, or $7.50 per page up to a maximum of 50 pages, whichever is lower. The pages taxed shall include the cover (taxed as two pages) and all index and appendix pages, as well as numbered pages in the body of the brief. The printer shall submit proof of the actual printing costs at the time the brief is filed. Briefs which are not timely filed and are not stricken from the record will not be taxed as costs.

   (3) When unnecessary costs have been made by either party, the court may order the same to be taxed to the party making them, without reference to the disposition of the case.

   (4) At the time the mandate is issued, the Supreme Court Clerk shall send a statement to counsel for the costs which are due to the other party. Payment for costs due is to be made in accordance with Neb. Rev. Stat. § 25-1915.

   Costs which are to be paid to the opposing party must be paid to the clerk of the district court or originating tribunal, who then makes payment to the appropriate party.

   (5) A motion to retax costs may be filed in accordance with the provisions of § 2-106 if a party disagrees with the taxation of costs in a case.

Rule 14(A)(1), 14B(1)(a), and (B)(4) amended May 28, 1992. Renumbered and codified as § 2-114, effective July 18, 2008.