Memorandum of Costs: 5-Day Extension Applies When Party Serves Notice of Entry by Mail

  California Rules of Court, Rule 3.1700 proscribes the procedure for claiming costs following entry of judgment. Rule 3.1700(a)(1) provides in relevant part: “A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of mailing 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.”

  When the clerk serves notice of entry of judgment or dismissal, it is clear that the 15 day period runs from date of mailing by the clerk. Does the same rule apply when a party, as opposed to the clerk, serves notice of entry by mail? No. When a party serves notice of entry of judgment or dismissal by mail Code of Civil Procedure section 1013 must be applied to extend time by five days for service by mail. Nevis Homes v. CW Roofing.

  Caveat: Rule 3.1700 provides alternative periods of time within which a memorandum of costs must be filed, depending on when and if the clerk or a party serves notice. The earliest period of time, i.e., “whichever is first,” controls. The date of mailing (not receipt) controls. In order to avoid missteps a prevailing party should always file their cost bill within 15 days of the date of mailing of the first notice of entry of judgment or dismissal. Relying on an extra 5 days for service by mail is dangerous and would be error if the clerk mailed the notice.


  I consult with clients and accept cases involving the prosecution and defense of lawsuits, including the application of procedural rules to the case. For other types of cases I accept, please scroll my Home page and consult the My Practice page. If you are seeking a consult or representation, please give me a call at 818.971.9409. – Michael Daymude

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2 thoughts on “Memorandum of Costs: 5-Day Extension Applies When Party Serves Notice of Entry by Mail

  1. Hi Mike the instructions say to have the Memorandum of Cost served or MAILED. I want to mail my papers. Financially this case has costed me a lot so I like to mail the Memorandum of Cost. Can mailing cause me problems? I know the defendants will not sign the certified letter so why waste more money.

    • In most cases, an attorney will serve the Memorandum of Costs by First-Class U.S. mail or eServe. However, as a party, you cannot serve documents by mail yourself. So, you must have a third-party serve, prepare, and sign the POS by mail. Another option, if you have an implied or explicit agreement allowing for electronic service, is to serve electronically. If you serve electronically, you can serve and sign the POS yourself. Remember, you need to serve and file timely.

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