What is a “bill of costs” and who prepares it in Texas?

A “statement of costs,” which is informally known as a “bill of costs,” is prepared by an appellate court clerk and sent to the trial court clerk. The bill of costs (1) lists the “costs on appeal,” such as the costs which were incurred for the appellate record and the court of appeals filing fees and (2) notes whether those costs have been paid and, if so, by whom. See Texas Rule of Appellate Procedure 51.1(a). “Costs on appeal” (also known as “appellate costs”) are the “costs of court” incurred in an appeal. Costs on appeal do not include attorneys’ fees. Attorneys’ fees are “fees” rather than “costs.”

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