Rule 79.Costs—Taxation and Review.
Last amended August 10, 2016 · Last verified July 6, 2026
Full Text of Rule 79
Amendment History
(Adopted by SCO 5 October 9, 1959; amended by SCO 56 effective November 1, 1963; by SCO 258 effective November 15, 1976; by SCO 554 effective April 4, 1983; by SCO 1085 effective January 15, 1992; by SCO 1118 effective July 15, 1993; by SCO 1153 effective July 15, 1994; by SCO 1200 effective July 15, 1995; by SCO 1246 effective July 15, 1996; and by SCO 1279 effective July 31, 1997; rescinded and readopted by SCO 1306 effective January 15, 1998; amended by SCO 1340 effective January 15, 1999; by SCO 1631 effective April 16, 2007; by SCO 1806 effective July 1, 2014; and by SCO 1893 effective August 10, 2016)
Notes
Note: AS 25.25.313(c), added by § 6 of ch. 57 SLA 1995 (the Uniform Interstate Family Support Act), has the effect of amending Civil Rule 79 by requiring the court to award costs and fees against a party who requests a hearing primarily for delay in a support proceeding listed in AS 25.25.301.
Note: Chapter 94 SLA 1998 adopts AS 46.03.761, which allows the Department of Environmental Conservation to impose administrative penalties against an entity that fails to construct or operate a public water supply system in compliance with state law or a term or condition imposed by the department. According to section 5 of the act, subsection (j) of this statute has the effect of amending Civil Rules 79 and 82 by allowing the recovery of full reasonable attorney fees and costs in an action to collect administrative penalties assessed under AS 46.03.761.
Note: Chapter 136 SLA 03 (HB 151) amends Chapters 10 and 45 of Title 9 of the Alaska Statutes relating to claims and court actions for defects in the design, construction, and remodeling of certain dwellings and limits on when certain court actions may be brought. According to Section 4(2) of the Act, AS 09.45.889(b) has the effect of amending Civil Rule 79 by allowing the court to deny costs to a claimant in the situation described in AS 09.45.889(b), even if the claimant is the prevailing party.
Note: Chapter 60, SLA 2013 (HB 57), effective July 1, 2014, adopted the Alaska Entity Transactions Act, effective July 1, 2014. According to section 30 of the Act, AS 10.55.603(a), enacted by section 10 of the Act, has the effect of amending Alaska Rule of Civil Procedure 79, directing that the process service fee be allowed to a prevailing party, whether or not the fee amount exceeds the amount allowed by Rule 11, Alaska Rules of Administration.
Plain-English Summary
Unless the court directs otherwise, the prevailing party recovers costs allowed under the rule that were necessarily incurred, at the amount the rule specifies or, if none is specified, the reasonable amount incurred. To collect, the prevailing party files and serves an itemized, verified cost bill within 10 days after the clerk's certificate of distribution on the judgment, backed by receipts or other documentation available to other parties on request — filing that documentation with the court is only required if the clerk or another party asks for it. Missing the 10-day deadline waives the right to costs, absent an extension. Any party can object within 7 days of service of the cost bill, and the prevailing party can reply within 5 days after that; the clerk then issues an itemized award, denying costs only for items not allowed under the rule, inadequately documented items, or unreasonable amounts — not on the ground that a cost wasn't necessarily incurred, which instead has to be raised on review. A party aggrieved by the clerk's award can move for court review within 5 days, specifically identifying each disputed ruling, and the clerk's award is presumed reasonable.
Allowable costs include the filing fee; process-server and publication fees; bond or undertaking premiums; deposition-related costs, including the reporter's fee, travel to communities without a local reporter, audio or audio-visual recording expenses, and one original plus one copy of the transcript; witness and interpreter fees; approved travel costs; long-distance charges for telephonic participation; computerized legal research charges; copying and electronic-media costs, capped at 15 cents a copy for copies from the prevailing party's own attorney; exhibit preparation; court-ordered transcripts; other costs a statute allows; and related sales or other taxes. Travel costs are limited to one attorney at trial or on dispositive matters absent a local attorney, one attorney at depositions and similar activities, one legal assistant or investigator, and permitted witness travel, capped at coach airfare or actual cost, ground transportation outside the traveler's home city, and the same per diem allowed court employees — with a separate court-review process for a complex case needing more than one traveling attorney. Where damages are apportioned under state comparative-fault law, costs are apportioned and awarded following Rule 82(e).
Frequently Asked Questions
How do I recover my litigation costs after winning a case?
File and serve an itemized, verified cost bill within 10 days after the clerk's certificate of distribution on the judgment; missing that deadline, without an extension, waives the right to recover costs.
Can the other side object to the costs I'm claiming?
Yes, within 7 days of being served the cost bill, and you can reply within 5 days after that — the clerk then rules on the objection, though a dispute over whether a cost was necessarily incurred at all has to go to the court on review rather than being decided by the clerk.
Are attorney travel expenses recoverable as costs?
Yes, within limits — generally one attorney's travel to trial or dispositive proceedings when no local attorney is present, one attorney's travel to depositions, and one legal assistant or investigator's travel, capped at coach airfare, ground transportation outside the traveler's home city, and standard per diem rates.