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RULE 34Rule 34. Award of costs.

(a) To whom allowed. Except as otherwise provided by law, if an appealis dismissed, costs shall be taxed against the appellant unless otherwiseagreed by the parties or ordered by the court; if a judgment or order isaffirmed, costs shall be taxed against appellant unless otherwise ordered;if a judgment or order is reversed, costs shall be taxed against the appelleeunless otherwise ordered; if a judgment or order is affirmed or reversedin part, or is vacated, costs shall be allowed as ordered by the court.Costs shall not be allowed or taxed in a criminal case.

(b) Costs for and against the state of Utah. In cases involving thestate of Utah or an agency or officer thereof, an award of costs for oragainst the state shall be at the discretion of the court unless specificallyrequired or prohibited by law.

(c) Costs of briefs and attachments, record, bonds and other expenseson appeal. The following may be taxed as costs in favor of the prevailingparty in the appeal: the actual costs of a printed or typewritten briefor memoranda and attachments not to exceed $3.00 for each page; actualcosts incurred in the preparation and transmission of the record, includingcosts of the reporter's transcript unless otherwise ordered by the court;premiums paid for supersedeas or cost bonds to preserve rights pendingappeal; and the fees for filing and docketing the appeal.

(d) Bill of costs taxed after remittitur. A party claiming costs shall,within 15 days after the remittitur is filed with the clerk of the trialcourt, serve upon the adverse party and file with the clerk of the trialcourt an itemized and verified bill of costs. The adverse party may, within5 days of service of the bill of costs, serve and file a notice of objection,together with a motion to have the costs taxed by the trial court. If thereis no objection to the cost bill within the allotted time, the clerk ofthe trial court shall tax the costs as filed and enter judgment for theparty entitled thereto, which judgment shall be entered in the judgmentdocket with the same force and effect as in the case of other judgmentsof record. If the cost bill of the prevailing party is timely opposed,the clerk, upon reasonable notice and hearing, shall tax the costs andenter a final determination and judgment which shall thereupon be enteredin the judgment docket with the same force and effect as in the case ofother judgments of record. The determination of the clerk shall be reviewableby the trial court upon the request of either party made within 5 daysof the entry of the judgment.

(e) Costs in other proceedings and agency appeals. In all other mattersbefore the court, including appeals from an agency, costs may be allowedas in cases on appeal from a trial court. Within 15 days after the expirationof the time in which a petition for rehearing may be filed or within 15days after an order denying such a petition, the party to whom costs havebeen awarded may file with the clerk of the appellate court and serve uponthe adverse party an itemized and verified bill of costs. The adverse partymay, within 5 days after the service of the bill of costs file a noticeof objection and a motion to have the costs taxed by the clerk. If no objectionto the cost bill is filed within the allotted time, the clerk shall thereupontax the costs and enter judgment against the adverse party. If the adverseparty timely objects to the cost bill, the clerk, upon reasonable noticeand hearing, shall determine and settle the costs, tax the same, and ajudgment shall be entered thereon against the adverse party. The determinationby the clerk shall be reviewable by the court upon the request of eitherparty made within 5 days of the entry of judgment; unless otherwise ordered,oral argument shall not be permitted. A judgment under this section maybe filed with the clerk of any district court in the state, who shall docketa certified copy of the same in the manner and with the same force andeffect as judgments of the district court.