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South Carolina
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RULE 222

RULE 222
COSTS ON APPEAL

(a) To Whom Allowed.  Unless otherwise ordered by the appellate court or agreed by the parties, costs shall be taxed against the appellant when the appeal is dismissed or judgment on appeal is affirmed.  When a judgment is reversed, costs shall be taxed against the respondent unless the court orders otherwise.  When an appeal is affirmed or reversed in part or is vacated, costs shall be allowed only as ordered by the appellate court.

(b) Costs Allowed.  The party entitled to recover costs under this rule may, to the extent the party actually incurred these costs, recover the following:  (1) the filing fee paid under Rule 203(d);  (2) the cost of the court reporter's transcript;  (3) premiums paid for costs of supersedeas bonds or other bonds obtained to preserve rights pending appeal;  (4) the cost of printing the Record on Appeal under Rule 209; and (5) the cost of printing the party's final brief(s) under Rule 210.  In addition, the party shall be entitled to recover an attorney's fee in an amount which shall be set by order of the Supreme Court.[1]  The allowance of additional costs will generally not be allowed except in the most extraordinary of circumstances.

(c) Costs for Printing Irrelevant Matter.  A party who has unjustifiably designated irrelevant matter to be included in the Record on Appeal shall not be entitled to tax the cost of printing this matter in the Record on Appeal.  Further, a party not otherwise entitled to costs under this Rule shall be entitled to collect the cost the party incurred for printing irrelevant matter which another party unjustifiably designated to be included in the Record on Appeal.

(d) Motion for Costs.  A party desiring costs to be taxed shall, within fifteen (15) days of the issuance of the remittitur, serve and file a motion requesting that costs be assessed under this Rule.  The motion shall comply with Rule 240.  If costs are being sought under (b) above, the motion shall be accompanied by a sworn, itemized statement of costs incurred in the form prescribed in the Appendix to these rules.  Any return or reply to the motion shall be served and filed in the manner provided by Rule 240.  The return may oppose the request for costs or seek a reduction of the amount of costs to be awarded.  The remittitur shall not be stayed by the filing of a motion for costs.

(e) Taxation.  Costs on appeal shall be taxed only in the appellate court.  If costs are taxed, they shall become part of the judgment of the appellate court and shall be added to the remittitur.  If a petition for a writ of certiorari is sought under Rule 242, the Court of Appeals shall tax costs only in those cases in which the petition for a writ of certiorari is denied.  In all cases in which a writ of certiorari is granted, costs shall be awarded in the manner provided by Rule 242(j).

(f) Applicability.  This Rule does not apply to criminal cases or post-conviction relief cases.


[1] By order dated July 24, 1997, the amount of attorney's fee was set at $1,000.