COSTS
Rule 2741. Parties Entitled to Costs.
Except as otherwise provided by law:
(1) If an appeal or other matter is dismissed, costs shall be taxed against the appellant or other moving party in the appellate court unless otherwise agreed by the parties or ordered by the court.
(2) If an order is affirmed, costs shall be taxed against the appellant unless otherwise ordered.
(3) If an order is reversed, modified or vacated with a direction for a new trial, costs shall be taxed against the appellee, unless otherwise ordered, or unless the appellee causes the matter to be retried below within one year after the remand of the record, in which event the liability for costs shall follow the final judgment on such retrial unless otherwise ordered.
(4) If an order is reversed, without a direction for a new trial, costs shall be taxed against the appellee unless otherwise ordered, or unless the lower court shall determine that the matter is not finally closed between the parties, and the appellee shall bring a new action against the appellant within 30 days after such determination, in which event the liability for costs shall follow the final judgment in such second or other matter relating to the same cause of action.
(5) If an order is affirmed or reversed in part, or is vacated, costs shall be allowed only as ordered by the court.
Official Note
42 Pa.C.S. § 1726 (establishment of taxable costs) authorizes general rules prescribing the standards governing the imposition and taxation of costs, including the items which constitute taxable costs, the litigants who shall bear such costs, and the discretion vested in the courts to modify the amount and responsibility for costs in specific matters; and provides that all system and related personnel shall be bound by such general rules and that in prescribing such rules the governing authority shall be guided by the following considerations, among others:
(1) Attorney’s fees are not an item of taxable costs except to the extent authorized by 42 Pa.C.S. § 2503 (relating to right of participants to receive counsel fees).
(2) The prevailing party should recover his costs from the unsuccessful litigant except where the:
(i) Costs relate to the existence, possession or disposition of a fund and the costs should be borne by the fund.
(ii) Question involved is a public question or where the applicable law is uncertain and the purpose of the litigants is primarily to clarify the law.
(iii) Application of the rule would work substantial injustice.
(3) The imposition of actual costs or a multiple thereof may be used as a penalty for violation of general rules or rules of court.
The references in the rule to the appellant and appellee are intended to include their privies and successors in interest. Former Supreme Court Rule 70 placed the costs on appellant, unless otherwise ordered by the court, where a judgment of non pros was entered.
The procedure for taxation of costs related to Supreme Court appeals is set forth in Rule 3306 of these rules.
Source The provisions of this Rule 2741 amended December 11, 1978, effective December 30, 1978, 8 Pa.B. 3802; amended May 11, 1993, effective immediately, 23 Pa.B. 2527. Immediately preceding text appears at serial pages (43078) and (99791).
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