Title
Title
Rules and Forms | Civil Practice and Procedure: Memorandum of Costs (Action Required)
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Summary
Summary
The Civil and Small Claims Advisory Committee recommends revising the optional form litigants use for claiming prejudgment costs under Code of Civil Procedure sections 1032 and 1033.5 (form MC-010) to add a certification under penalty of perjury for the costs submitted. The committee also recommends on form MC-010 and its companion worksheet (form MC-011) (1) removing the references to fees for hosting electronic documents as a cost because these fees have sunsetted as an expressly allowable cost and (2) relocating the item “Models, enlargements, and photocopies of exhibits” on the lists of costs. The origins of this proposal are a litigant’s challenge to form MC-010’s verification language, a sunset provision in the statute, and a suggestion from a form user to make parallel the cost items in the two forms.
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Recommendation
Recommendation
The Civil and Small Claims Advisory Committee recommends that the Judicial Council, effective January 1, 2025:
1. Revise Memorandum of Costs (Summary) (form MC-010) to add a certification under penalty of perjury for the costs requested; and
2. Revise form MC-010 and Memorandum of Costs (Worksheet)
(form MC-011) by removing references to fees for hosting electronic documents as a cost and relocating “Models, enlargements, and photocopies of exhibits” to item 13 of the list of costs.
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