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PA Bulletin, Doc. No. 07-2348

THE COURTS

WESTMORELAND COUNTY

Rescinding and Adopting Rule W609; No. 3 of 2007

[37 Pa.B. 6747]
[Saturday, December 22, 2007]

   And Now, this 3rd day of December, 2007, it is Hereby Ordered that Westmoreland County Rule of Civil Procedure W609 is rescinded and new Rule W609 is adopted.

By the Court:

JOHN E. BLAHOVEC,   
Acting President Judge

RULE W609 Bill of Costs

   (a)  A bill of costs listing those items sought to be recovered as record costs must be filed with the Prothonotary, within 10 days of:

   (1)  the entry of a jury verdict;

   (2)  a final order, decree, or verdict of a judge sitting without a jury; or

   (3)  the day on which the Prothonotary makes the notation on the docket, pursuant to Pa.R.C.P. 1307(a)(3), that Notice of any Award including record costs has been mailed.

   (b)  A certificate that a copy of the bill of costs has been served on the opposing party or that party's counsel of record shall be filed with the bill of costs.

   (c)  Objections to items or amounts listed in the bill of costs must be filed by the opposing party or that party's counsel of record within 10 days of receipt of a copy of the bill of costs, in which event the trial judge, or judge assigned by the court administrator, shall enter an order specifying which costs are allowable.

   COMMENT: See: Zelenak v. Mikula, 911 A. 2d. 542 (Pa. Super. 2006) as to what is included in record costs.

   Absent an agreement between counsel regarding the payment of record costs, the court has no authority to award costs to either party upon settlement. Mancine v. Bilesimo. Jr., 69 W.L.J. 145, 146 n.1 (1987).

   With regard to recovery of cost in an arbitration case, see Sillings v. Protected Home Mutual Life Ins. Co., 84 W.L.J. 7 (2001).

[Pa.B. Doc. No. 07-2348. Filed for public inspection December 21, 2007, 9:00 a.m.]


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