Rule 3.1700.Prejudgment costs

Division 17. Attorney’s Fees and Costs · Last amended 2025 · Last verified July 29, 2026

In one sentenceRule 3.1700 sets the deadlines and procedure for a prevailing party to claim litigation costs by memorandum after judgment, and for an opposing party to challenge specific cost items through a motion to strike or tax costs.

Full Text of Rule 3.1700

Text sizeJump to: (a) (b)

(a) Claiming costs

(1) Trial costs A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first. The memorandum of costs must be verified by a statement of the party, attorney, or agent that to the best of his or her knowledge the items of cost are correct and were necessarily incurred in the case.

(2) Costs on default A party seeking a default judgment who claims costs must request costs on the Request for Entry of Default (Application to Enter Default) (form CIV-100) at the time of applying for the judgment. (Subd (a) amended effective January 1, 2016; previously amended effective January 1, 2007, and July 1, 2007.)

(b) Contesting costs

(1) Striking and taxing costs Any notice of motion to strike or to tax costs must be served and filed 15 days after service of the cost memorandum. If the cost memorandum was served by mail, the period is extended as provided in Code of Civil Procedure section 1013. If the cost memorandum was served electronically, the period is extended as provided in Code of Civil Procedure section 1010.6(a)(3).

(2) Form of motion Unless objection is made to the entire cost memorandum, the motion to strike or tax costs must refer to each item objected to by the same number and appear in the same order as the corresponding cost item claimed on the memorandum of costs and must state why the item is objectionable.

(3) Extensions of time The party claiming costs and the party contesting costs may agree to extend the time for serving and filing the cost memorandum and a motion to strike or tax costs. This agreement must be confirmed in writing, specify the extended date for service, and be filed with the clerk. In the absence of an agreement, the court may extend the times for serving and filing the cost memorandum or the notice of motion to strike or tax costs for a period not to exceed 30 days.

(4) Entry of costs After the time has passed for a motion to strike or tax costs or for determination of that motion, the clerk must immediately enter the costs on the judgment. (Subd (b) amended effective July 1, 2025; previously amended effective January 1, 2007, and January 1, 2016.)

End

Plain-English Summary

Winning a case does not automatically put a dollar figure on the costs of getting there. Rule 3.1700 requires the prevailing party to itemize those costs in a verified memorandum, filed within fifteen days of notice that judgment was entered, or within 180 days of entry of judgment if no notice was ever served, whichever comes first. A party seeking a default judgment follows a different path, requesting costs directly on the default judgment application rather than filing a separate memorandum.

The other side does not have to accept the memorandum at face value. Rule 3.1700 gives an opposing party fifteen days after service of the cost memorandum to file a motion to strike or tax specific items, with extra time built in when the memorandum was served by mail or electronically. The motion has to track the memorandum item by item, using the same numbering and order, and explain why each challenged item does not belong. The parties can also agree in writing to extend either deadline, and the court can grant its own extension of up to thirty days if they do not.

Once the window to challenge costs closes, or the court rules on a timely motion, the process wraps up on its own: the clerk enters the costs on the judgment without any further request from the prevailing party.

Frequently Asked Questions

How long does a prevailing party have to file a memorandum of costs in California?

Fifteen days after service of notice of entry of judgment or dismissal, or 180 days after entry of judgment if no notice is served, whichever comes first, under Rule 3.1700(a)(1).

How does a party claim costs on a default judgment?

By requesting them directly on the Request for Entry of Default form at the time of applying for the default judgment, rather than filing a separate memorandum, under Rule 3.1700(a)(2).

How do you challenge costs claimed in a cost memorandum?

File a motion to strike or tax costs within fifteen days after service of the memorandum, addressing each challenged item by its number and explaining the objection, under Rule 3.1700(b).

Can the deadline to file or contest a cost memorandum be extended?

Yes. The parties may agree in writing to extend either deadline, and absent an agreement, the court may extend it for up to thirty days, under Rule 3.1700(b)(3).

Amendment History

Rule 3.1700 amended effective July 1, 2025; adopted as rule 870 effective January 1, 1987; previously amended and renumbered as rule 3.1700 effective January 1, 2007; previously amended effective July 1, 2007, and January 1, 2016.

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified July 29, 2026. · Official source

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