I am on the losing end of an appeal for child support modification. I have just received a letter from his attorney stating he filed the enclosed form-139 (Minnesota). for taxation costs and disbursements. I am utterly confused by what I read in the rules about disputing these charges. He has 0% visitation and has just gotten his support reduced by 25%. I can't afford to pay his fees too.
-- from what I can gather I have 7 days to submit a dispute? -- but is says I should use the same form-- there is nowhere to write objections?? I am also preparing a petition to ask the Supreme court to hear the case... does that change anything.
I was pro se in the appeal and proceed in forma pauperis in both the district and appeals court.
Any help would be greatly appreciated.
2 Answers from Attorneys
Hello. I suggest you privately confer with an attorney on a 'limited scope' basis so that you obtain detailed legal advice for your present needs and issues. You are welcome to phone me.
Tricia Dwyer, Esq.
Tricia Dwyer, Esq. & Assoc. PLLC
Unfortunately, that is the risk of an appeal. If you appeal and do not prevail, you must generally file a cost bond with the district court , before the appeal, in the amount of $500. If the other party prevails, they may seek to recover their costs from that bond, or, if no bond was filed, from you. The costs include statutory costs, transcript costs, if any and the cost of filing a brief among others.
The Rules of Appellate Procedure apply to taxation of costs on Appeal. You appear to be reading the Rules of Civil Procedure.
The Appellate Rules state as follows:
139.03Taxation of Costs and Disbursements; Time
Costs and disbursements shall be taxed by the clerk of the appellate courts upon five days' written notice served and filed by the prevailing party. The costs and disbursements so taxed shall be inserted in the judgment. Failure to file and serve a notice of taxation of costs and disbursements within 15 days after the filing of the decision or order shall constitute a waiver of taxation, provided that upon reversal in the Supreme Court, a prevailing party in that Court who did not prevail in the Court of Appeals may file and serve a notice for costs and disbursements incurred in both appellate courts within 15 days after the filing of the decision of the Supreme Court, separately identifying costs and disbursements incurred in each court.
(Amended effective March 1, 2001.)
Written objections to the taxation of costs and disbursements shall be served and filed with the clerk of the appellate courts within five days after service of the notice of taxation. Failure to serve and file timely written objections shall constitute a waiver. If no objections are filed, the clerk may tax costs and disbursements in accordance with these rules. If objections are filed, a person designated by the appellate courts, after conferring with the appropriate appellate court, shall determine the amount of costs and disbursements to be taxed. There shall be no appeal from the taxation of costs and disbursements.
Maury D. Beaulier
Attorney at Law