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Reply #54: yes, it sucks. and yes its standard procedure [View All]

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onenote Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-30-10 12:23 PM
Response to Original message
54. yes, it sucks. and yes its standard procedure
Edited on Tue Mar-30-10 12:34 PM by onenote
The Federal Rules of Appellate Procedure, rule 39, provide as follows:
Rule 39. Costs
(a) Against Whom Assessed. The following rules apply unless the
law provides or the court orders otherwise:
(1) if an appeal is dismissed, costs are taxed against the appellant,
unless the parties agree otherwise;
(2) if a judgment is affirmed, costs are taxed against the appellant;
(3) if a judgment is reversed, costs are taxed against the appellee;
(4) if a judgment is affirmed in part, reversed in part, modified,
or vacated, costs are taxed only as the court orders.

While the court has the discretion not to follow the standard rule, generally courts don't depart from the standard rule simply because the prevailing side in a legal dispute is a bunch of dirtbags.

On edit: While I understand the rationale for the ruling, that doesn't mean I want Snyder to have to pay and urge others to join me in donating to cover these costs.
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