Page:Rimini Street, Inc., et al. v. Oracle USA Inc., et al..pdf/6

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RIMINI STREET, INC. v. ORACLE USA, INC.

Opinion of the Court

amount of certain costs. Sections 1821 and 1920 in essence define what the term “costs” encompasses in the subject-specific federal statutes that provide for an award of costs.

Sections 1821 and 1920 create a default rule and establish a clear baseline against which Congress may legislate. Consistent with that default rule, some federal statutes simply refer to “costs.” In those cases, federal courts are limited to awarding the costs specified in §§1821 and 1920. If, for particular kinds of cases, Congress wants to authorize awards of expenses beyond the six categories specified in the general costs statute, Congress may do so. For example, some federal statutes go beyond §§1821 and 1920 to expressly provide for the award of expert witness fees or attorney’s fees. See West Virginia Univ. Hospitals, Inc. v. Casey, 499 U. S. 83, 89, n. 4 (1991). Indeed, the Copyright Act expressly provides for awards of attorney’s fees as well as costs. 17 U. S. C. §505. And the same Congress that enacted amendments to the Copyright Act in 1976 enacted several other statutes that expressly authorized awards of expert witness fees. See Casey, 499 U. S., at 88. But absent such express authority, courts may not award litigation expenses that are not specified in §§1821 and 1920.

Our precedents have consistently adhered to that approach. Three cases illustrate the point.

In Crawford Fitting Co. v. J. T. Gibbons, Inc., the ques-
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    “(4) Fees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for use in the case;

    “(5) Docket fees under section 1923 of this title;

    “(6) Compensation of court appointed experts, compensation of interpreters, and salaries, fees, expenses, and costs of special interpretation services under section 1828 of this title.” 28 U. S. C. §1920.

    In addition, §1821 provides particular reimbursement rates for witnesses’ “[p]er diem and mileage” expenses.