To prevent difficulties in payment and unnecessary appeals due to the irregularity of form or the inclusion of items of recovery which are improper, the United States Attorney should arrange to prepare the form of judgment to be entered whenever possible, or, if this is not possible, be sure to review the form of the proposed judgment before its entry.

Pre-judgment or post-judgment interest against the United States is not allowable, except where the liability to pay interest is imposed by statute or assumed by contract. 28 U.S.C. § 2516(a). For instance, Title 46 U.S.C § 743, provides for interest in cases brought under the Suits Against Admiralty Act, and the Federal Tort Claims Act provides for post-judgment interest, but does not allow payment of pre-judgment interest. 28 U.S.C. § 2674. The award of post judgment interest is governed in district courts by 28 U.S.C. §§ 1961, 2414, 2516, and 31 U.S.C. § 1304. The rate of interest is set forth in 28 U.S.C. § 1961. Judgments on claims brought against the United States in the Court of Federal Claims bear interest only under a contract or a statute which expressly provides for interest. 28 U.S.C. § 2516(a).

Court costs payable to the prevailing party may be included in judgments pursuant to Rule 54(d), Federal Rules of Civil Procedure. Costs and fees taxed against the United States “shall in an amount established by statute, court rule, or order, be limited to reimbursing in whole or in part the prevailing party for the costs incurred by such party in the litigation. 28 U.S.C. §2411. Other statutes relevant to costs in the district courts include 28 U.S.C. § 1914 (filing and miscellaneous fees); 28 U.S.C. § 1920 (Taxation of costs); 28 U.S.C. § 1921 (United States Marshal’s fees); and 28 U.S.C. § 1923 (attorneys’ docket fees and costs of briefs).

Where no statute specifically allows for the recovery of attorney fees against the United States, sovereign immunity bars the award of fees. Numerous federal statutes do provide for attorney fee awards where the United States or a federal agency or official is a party. The most generally applicable statute authorizing attorney’s fee awards against the United States is the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. Generally, the amount of the fee is set by the court. See Blum v. Stenson, 465 U.S. 886 (1984). A number of statutes allowing for attorney’s fees provide limits on the fees that may be recovered in an action against the United States. Those include: 38 U.S.C. § 784(g) (National Service Life Insurance); and 29 U.S.C. § 2678 (Federal Tort Claims Act).

Except when a judgment is entered by consent in order to provide for the payment of an agreed compromise, all adverse judgments should be brought to the attention of the Civil Division immediately, with the United States Attorney's reasoned recommendation for or against appeal. See JM Title 2, for appeals generally.

[updated April 2018]