{"jurisdiction": "us-ny", "code": "nycrr", "section": "207.39", "citation": "Uniform Rules § 207.39", "heading": "Costs and allowances", "text": ["(a) On the settlement of a decree, any party who shall deem himself entitled to costs may present a bill of costs, provided that at least two days' notice of the taxation thereof has been served on all attorneys appearing in the proceeding. Each bill of costs must show the items of costs to which the party deems himself entitled and must contain an itemized list of any disbursements claims, duly verified both as to amount and necessity. The disbursements for referee's and stenographer's fees may be evidenced by affidavit or by such other proof as may be satisfactory to the court.", "(b) An application for an allowance may also be made on two days' notice to all attorneys appearing in the proceeding. Such application shall be accompanied by an affidavit setting forth the number of days necessarily occupied in the hearing or trial; the time occupied on each day in the rendition of the services; and a detailed statement of the nature and extent of the services rendered, including services necessarily rendered or to be rendered in the drawing, entering or executing of the decree."], "official_source": "https://www.nycourts.gov/rules/part-207-uniform-rules-surrogates-court", "from_official_api": true, "plain_english": "This rule covers asking for **costs** and **allowances** when a decree is settled.\n- **(a)** On settlement of a decree, a party claiming costs **may present a bill of costs**, but only after serving **at least 2 days' notice of taxation** on all attorneys appearing. ★ The bill **must list each item of costs** and an **itemized list of disbursements**, **verified as to amount and necessity**. **Referee's and stenographer's fees** may be proven by **affidavit** or other proof satisfactory to the court.\n- **(b)** An application for an **allowance** may also be made on **2 days' notice** to all appearing attorneys. It must come with an **affidavit** stating the **number of days** necessarily spent at the hearing or trial, the **time spent each day**, and a **detailed statement of the services**, including drawing, entering or executing the decree. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/nycrr/207.39", "publisher": "Elyphived LLC"}