Prevailing on appeal may entitle a party to costs and, where a statute or contract provides, to fees.
Costs are taxed as of course to the prevailing party in most systems, and cover the filing fee, the reporter’s transcript, and the reproduction of briefs and the appendix. They are claimed by a bill of costs within a short period after judgment, and untimely bills are denied.
Fees on appeal require a substantive basis — a fee-shifting statute, a contractual provision, or a sanction. Contractual provisions covering fees in any action to enforce generally extend to appeals, and a provision limited to the trial court does not.
Where to file. Some courts determine appellate fees themselves; others remand to the trial court. Filing in the wrong forum wastes the deadline.
Amount. The lodestar approach, with the same documentation expectations as in the trial court, and reductions for time on unsuccessful issues.
Fees for the fee application are recoverable in many jurisdictions.
Frivolous appeal sanctions. Damages and costs for an appeal without any arguable basis, on motion or on the court’s own initiative, awarded rarely and occasionally against counsel personally.
Bond for costs on appeal may be required in some systems.