11.06.2006

Eleventh Circuit Notes Split Re Whether Deadline of FRCP 54(d)(1) Is Jurisdictional

Per Corwin v. Walt Disney Co., --- F.3d ----, 2006 WL 3091464 (11th Cir. Nov. 2, 2006):

The Federal Rules of Civil Procedure provide that after costs are taxed by the clerk, an objection may be made only "on motion served within 5 days thereafter." Fed.R.Civ.P. 54(d)(1). Although this deadline may not be considered jurisdictional, [FN14] it is still fully within the discretion of the district court to decline to review an untimely objection to costs.

FN14. There is a split among the circuits as to whether this deadline is jurisdictional, but we have found it not to be so. See Baum v. United States, 432 F.2d 85, 86 (5th Cir.1970) (per curiam).

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