Buchanan v. Stanships, Inc., 485 U.S. 265 (1988). · Go Syfert
Buchanan v. Stanships, Inc., 485 U.S. 265 (1988). Cases Citing This Book View Copy Cite
503 citation events (201 in the last 25 years) across 53 distinct courts.
Strongest positive: United States v. Daniel Lamar Hatcher (ca11, 2019-03-12)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 50 distinct citers.
examined Cited as authority (verbatim quote) United States v. Daniel Lamar Hatcher (2×) also: Cited as authority (quoted)
11th Cir. · 2019 · quote attribution · 2 verbatim quotes · confidence high
he federal rules of civil procedure unambiguously limit their application to civil cases.
examined Cited as authority (quoted) Elouise Cobell v. Sally Jewell (3×)
D.C. Cir. · 2015 · quote attribution · 3 verbatim quotes · confidence low
request for costs raises issues wholly collateral to the judgment in the main cause of action
discussed Cited as authority (quoted) Cappiello v. ICD Publications
E.D.N.Y · 2012 · quote attribution · 1 verbatim quote · confidence low
as distinguished from post-judgment interest, prejudgment interest is normally considered to be an element of the judgment itself, viz., relief on the merits ....
examined Cited as authority (quoted) McGuffey v. Brink's, Inc. (3×)
E.D. Pa. · 2009 · quote attribution · 3 verbatim quotes · confidence low
the federal courts generally have invoked rule 59(e) only to support reconsideration of matters properly encompassed in a decision on the merits.
examined Cited as authority (quoted) Royal Surplus Lines Insurance v. Coachmen Industries, Inc. (3×)
M.D. Fla. · 2005 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
any calculation of expenses is properly performed in the first instance by the clerk of court upon presentation of a bill of costs.
examined Cited as authority (quoted) Roth v. Mims (6×) also: Cited "see", Cited "see, e.g."
N.D. Tex. · 2003 · quote attribution · 1 verbatim quote · confidence low
on motion served within 5 days , the action of the clerk may be reviewed by the court.
examined Cited as authority (quoted) Thompson v. State of Colorado (3×)
10th Cir. · 2003 · quote attribution · 3 verbatim quotes · confidence low
request for costs raises issues wholly collateral to the judgment in the main cause of action.
examined Cited as authority (quoted) Deus v. Allstate Ins. Co. (3×)
5th Cir. · 1994 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
a different issue may be presented if expenses of this sort were provided as an aspect of the underlying action....
examined Cited as authority (quoted) Deus v. Allstate Insurance (3×)
5th Cir. · 1994 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
a different issue may be presented if expenses of this sort were provided as an aspect of the underlying action-
examined Cited as authority (quoted) Deus v. Allstate Ins. Co. (3×)
5th Cir. · 1994 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
a different issue may be presented if expenses of this sort were provided as an aspect of the underlying action....
examined Cited as authority (quoted) Deus v. Allstate Ins. Co. (3×)
5th Cir. · 1994 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
a different issue may be presented if expenses of this sort were provided as an aspect of the underlying action....
examined Cited as authority (quoted) Deus v. Allstate Ins. Co. (3×)
5th Cir. · 1994 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
a different issue may be presented if expenses of this sort were provided as an aspect of the underlying action....
discussed Cited as authority (rule) Wandeloski v. Commissioner of Social Security
D. Vt. · 2023 · confidence medium
“The federal courts generally have invoked Rule 59(e) only to support reconsideration of matters properly encompassed in a decision on the merits.” Buchanan v. Stanships, Inc., 485 U.S. 265, 267 (1988) (internal quotation marks omitted).
discussed Cited as authority (rule) Emergency Recovery, Inc. v. Bryan Hufnagle
11th Cir. · 2023 · confidence medium
The same is true for costs — “a motion for costs filed pursuant to Rule 54(d) does not seek ‘to alter or amend the judgment’ within the meaning of Rule 59(e)” because it “raises issues wholly collateral to the judgment in the main cause of action.” Buchanan v. Stanships, Inc., 485 U.S. 265, 268 (1988).
cited Cited as authority (rule) Goff v. SSA
N.D. Okla. · 2022 · confidence medium
(Id.) A request for costs “raises issues wholly collateral to the judgment in the main cause of action.” Buchanan v. Stanships, Inc., 485 U.S. 265, 268 (1988).
cited Cited as authority (rule) Dorman v. Social Security Administration
N.D. Okla. · 2022 · confidence medium
(Id.) A request for costs “raises issues wholly collateral to the judgment in the main cause of action.” Buchanan v. Stanships, Inc., 485 U.S. 265, 268 (1988).
cited Cited as authority (rule) Webster v. Social Security Administration
N.D. Okla. · 2022 · confidence medium
(Id.) A request for costs “raises issues wholly collateral to the judgment in the main cause of action.” Buchanan v. Stanships, Inc., 485 U.S. 265, 268 (1988).
cited Cited as authority (rule) Goff v. SSA
N.D. Okla. · 2022 · confidence medium
(Id.) A request for costs “raises issues wholly collateral to the judgment in the main cause of action.” Buchanan v. Stanships, Inc., 485 U.S. 265, 268 (1988).
cited Cited as authority (rule) Volvo Financial Services v. Global Freight Management, Inc.
E.D. Cal. · 2022 · confidence medium
P. 54(d)(1); 22 see also Buchanan v. Stanships, Inc. 485 U.S. 265, 269 (1988) (finding post-judgment motions 23 for costs are permitted under Rule 54(d)).
discussed Cited as authority (rule) BROWN v. SCI SOMERSET
W.D. Pa. · 2022 · confidence medium
“Federal Rule of Civil Procedure 59(e) concerns ‘motion[s] to alter or amend the judgment.” Buchanan v. Stanships, Inc., 485 U.S. 265, 267 (1988). “[T]he federal courts generally have | Although the Court believes that Plaintiff's Motion is best framed within the context of Federal Rule 59(e), the result would be the same under Rule 60(b).
cited Cited as authority (rule) Ute Indian Tribe of the Uintah and Ouray Reservation v. Lawrence
D. Utah · 2022 · confidence medium
Rule 54 draws “[a] sharp distinction between the judgment on the merits and an award of costs.” Buchanan v. Stanships, Inc., 485 U.S. 265, 268 (1988).
cited Cited as authority (rule) Becker v. Ute Indian Tribe of the Uintah and Ouray Reservation
D. Utah · 2022 · confidence medium
Rule 54 draws “[a] sharp distinction between the judgment on the merits and an award of costs.” Buchanan v. Stanships, Inc., 485 U.S. 265, 268 (1988).
cited Cited as authority (rule) Wolf v. Quiroz
Bankr. D. Or. · 2022 · confidence medium
Buchanan v. Stanships, Inc., 485 U.S. 265, 268 (1988).
discussed Cited as authority (rule) Mondis Technology Ltd. v. Lg Electronics Inc.
Fed. Cir. · 2021 · confidence medium
Un- like a request for attorney’s fees or a motion for costs, a damages trial or motion for prejudgment interest does not raise “issues wholly collateral to the judgment in the main cause of action” or require an inquiry wholly “separate from the decision on the merits.” See id. at 175–76 (quoting Bu- chanan v. Stanships, Inc., 485 U.S. 265, 268 (1988); White v. N.H.
discussed Cited as authority (rule) Mondis Technology Ltd. v. Lg Electronics Inc.
Fed. Cir. · 2021 · confidence medium
Un- like a request for attorney’s fees or a motion for costs, a damages trial or motion for prejudgment interest does not raise “issues wholly collateral to the judgment in the main cause of action” or require an inquiry wholly “separate from the decision on the merits.” See id. at 175–76 (quoting Bu- chanan v. Stanships, Inc., 485 U.S. 265, 268 (1988); White v. N.H.
discussed Cited as authority (rule) GeoMetWatch v. Hall (2×) also: Cited "see, e.g."
D. Utah · 2021 · confidence medium
P. 62(b). 24 Buchanan v. Stanships, Inc., 485 U.S. 265, 268 (1988). 25 11 Charles Alan Wright, Arthur R.
cited Cited as authority (rule) Gilmore v. Grigsby (PLR2)
E.D. Tenn. · 2020 · confidence medium
Stanships, Inc., 485 U.S. 265, 268 (1988), so the Court will enter a separate judgment as to costs.
discussed Cited as authority (rule) Continental Indemnity Company v. IPFS of New York, LLC
D. Neb. · 2020 · confidence medium
A post-judgment motion for prejudgment interest is correctly brought under Rule 59(e) because it “is an element of [plaintiff’s] complete compensation” and “does not ‘rais[e] issues wholly collateral to the judgment in the main cause of action,’ nor . . . ‘require an inquiry wholly separate from the decision on the merits.’” Osterneck v. Ernst & Whinney, 489 U.S. 169 , 175–76 (1989) (quoting Buchanan v. Stanships, Inc., 485 U.S. 265, 268 (1988); White v. N.H.
discussed Cited as authority (rule) Tru-Art Sign Co., Inc. v. Local 137 Sheet Metal Workers Int'l Ass'n
2d Cir. · 2017 · confidence medium
See Osterneck, 489 U.S. at 174‐75; Buchanan v. 12 Stanships, Inc., 485 U.S. 265, 268 (1988) (finding a motion for costs is 13 not brought pursuant to Rule 59(e) because it “does not involve 14 reconsideration of any aspect of the decision on the merits”).
cited Cited as authority (rule) Fulton v. Mississippi Farm Bureau Casualty Insurance Co.
Miss. · 2012 · confidence medium
Bruce v. Bruce, 587 So.2d 898, 903 (Miss.1991) (quoting Buchanan v. Stanships, 485 U.S. 265, 267 , 108 S.Ct. 1130, 1131 , 99 L.Ed.2d 289, 293 (1988)). .
cited Cited as authority (rule) Air Turbine Technology, Inc. v. Atlas Copco AB
Fed. Cir. · 2009 · confidence medium
Buchanan v. Stanships, 485 U.S. 265, 268-69 (1988).
discussed Cited as authority (rule) Bewley v. City of Duncan
10th Cir. · 1998 · confidence medium
Next, plaintiff asserts that, because he had filed his notice of appeal in this court, the district court did not have jurisdiction to assess costs. “[A] request for costs raises issues wholly collateral to the judgment in the main cause of action. . . .” Buchanan v. Stanships, Inc., 485 U.S. 265, 268 (1988).
cited Cited as authority (rule) Adams v. State of Kansas
10th Cir. · 1997 · confidence medium
Buchanan v. Stanships, Inc., 485 U.S. 265, 268-69 (1988)
discussed Cited as authority (rule) Utah Women's Clinic, Inc. v. Michael Leavitt
10th Cir. · 1996 · confidence medium
Buchanan, 485 U.S. at 267-68 , 108 S.Ct. at 1131 (costs); White, 455 U.S. at 451 , 102 S.Ct. at 1166 (attorney's fees). 8 Plaintiffs argue that their Rule 59(e) motion tolled the time to appeal from the February decisions notwithstanding that it related "in part" to an award of attorney's fees.
discussed Cited as authority (rule) Herbert Reed Bernice Oliver v. Country Miss, Inc., D/B/A Glasgow Manufacturing Company (2×)
6th Cir. · 1995 · confidence medium
In White v. New Hampshire Dep't of Employment Sec., 455 U.S. 445, 451 (1982), the Court, in holding that a motion for attorneys' fees is not subject to the ten-day timeliness standard for Rule 59 motions to alter or amend a judgment, stated, "a request for attorneys' fees under Sec. 1988 raises legal issues collateral to the main cause of action...." In Buchanan v. Stanships, Inc., 485 U.S. 265, 267-68 (1988), the Court held that a motion for costs is not a motion to alter or amend a judgment and therefore does not render ineffective a notice of appeal filed prior to the disposition of the mot…
discussed Cited as authority (rule) Havenga v. Towing (2×) also: Cited "see"
1st Cir. · 1994 · confidence medium
Secur., 455 U.S. 445 (1982) (pre-Rule 54(d)(2) case holding ___________ motion for attorney fees under 28 U.S.C. 1988 not barred by Rule 59(e) time limits), as are costs, see Buchanan v. Stanships, ___ ________ __________ Inc., 485 U.S. 265, 267 (1988) (per curiam) (application for ____ costs properly viewed as Rule 54(d) motion).
discussed Cited as authority (rule) Havenga v. Towing (2×) also: Cited "see"
1st Cir. · 1994 · confidence medium
Secur., 455 U.S. 445 (1982) (pre-Rule 54(d)(2) case holding motion for attorney fees under 28 U.S.C. 1988 not barred by Rule 59(e) time limits), as are costs, see Buchanan v. Stanships, Inc., 485 U.S. 265, 267 (1988) (per curiam) (application for costs properly viewed as Rule 54(d) motion).
cited Cited as authority (rule) Toyotsugu Tanki v. S.N.E. Saipan Co.
nmariana · 1993 · confidence medium
For the same reasons, we also agree with the Court in Buchanan v. Stanships, Inc., 485 U.S. 265, 268 , 108 S. Ct. 1130, 1132 , 99 L.
discussed Cited as authority (rule) ca9 1993 (2×) also: Cited "see"
9th Cir. · 1993 · confidence medium
Buchanan v. Stanships, Inc., 485 U.S. 265, 268 (1988).
discussed Cited as authority (rule) Pollution Control Industries of America, Incorporated, a Missouri Corporation v. Linda R. Van Gundy, Jack J. Genova and Michael J. Genova
7th Cir. · 1992 · confidence medium
We need not decide whether the defendants’ Motion to Alter or Amend Judgment and for Attorney Fees and Costs was properly brought as a Rule 59(e) motion and thus nullified PCIA’s notice of appeal filed before the district court decided this motion, see Buchanan v. Stanships, Inc., 485 U.S. 265 , 108 S.Ct. 1130 , 99 L.Ed.2d 289 *1273 (1988); Lac du Flambeau Band of Lake Superior Chippewa Indians v. Wisconsin, 957 F.2d 515 (7th Cir.), cert. denied, — U.S. -, 113 S.Ct. 91 , 121 L.Ed.2d 53 (1992), because we do not have jurisdiction over this appeal for a different reason. [1,2] A party gene…
discussed Cited as authority (rule) Bruce v. Bruce
Miss. · 1991 · confidence medium
Construing an identically worded rule, the Supreme Court has held Rule 59(e) embraces motions urging "reconsideration of matters properly encompassed in a decision on the merits," Buchanan v. Stanships, Inc., 485 U.S. 265, 267 , 108 S.Ct. 1130, 1131 , 99 L.Ed.2d 289, 293 (1988), quoting White v. New Hampshire Dept. of Employment Security, 455 U.S. 445, 451 , 102 S.Ct. 1162, 1166 , 71 L.Ed.2d 325 (1982).
discussed Cited as authority (rule) Abdul Muhammad Samaad v. City of Dallas
5th Cir. · 1991 · confidence medium
As the appellants properly observe, the Court in Buchanan limited its inquiry to “whether a prevailing party’s motion for costs constitutes a Rule 59 motion.” 485 U.S. at 266 , 108 S.Ct. at 1130 (emphasis added).
discussed Cited as authority (rule) Palmer v. BRG of Georgia, Inc. (2×)
SCOTUS · 1990 · confidence medium
See Smith v. Ohio, 494 U. S. 541, 544 (1990) (Marshall, J., dissenting); Pennsylvania v. Bruder, 488 U. S. 9, 11-12 (1988) (Marshall, J., dissenting); Rhodes v. Stewart, 488 U. S. 1, 4-5 (1988) (Marshall, J., dissenting); Buchanan v. Stanships, Inc., 485 U. S. 265, 269-270 (1988) (Marshall, J., dissenting); Commissioner v. McCoy, 484 U. S. 3, 7-8 (1987) (Marshall, J., dissenting).
discussed Cited as authority (rule) Smith v. Ohio (2×)
SCOTUS · 1990 · confidence medium
See Pennsylvania v. Bruder, 488 U. S. 9, 11-12 (1988) (MARSHALL, J., dissenting); Rhodes v. Stewart, 488 U. S. 1, 4-5 (1988) (MARSHALL, J., dissenting); Buchanan v. Stanships, Inc., 485 U. S. 265, 269-270 (1988) (MARSHALL, J., dissenting); Commissioner v. McCoy, 484 U. S. 3, 7-8 (1987) (MARSHALL, J., dissenting).
discussed Cited as authority (rule) Hildwin v. Florida (2×)
SCOTUS · 1989 · confidence medium
See Pennsylvania v. Bruder, 488 U. S. 9, 11 (1988) (MARSHALL, J., dissenting); Rhodes v. Stewart, 488 U. S. 1, 4 (1988) (MARSHALL, J., dissenting); Buchanan v. Stanships, Inc., 485 U. S. 265, 269 (1988) (MARSHALL, J., dissenting); Commissioner v. McCoy, 484 U. S. 3, 7 (1987) (MARSHALL, J., dissenting).
discussed Cited as authority (rule) Olden v. Kentucky (2×)
SCOTUS · 1988 · confidence medium
See Pennsylvania v. Bruder, ante, p. 11 (MARSHALL, *234 J., dissenting); Rhodes v. Stewart, ante, p. 4 (MARSHALL, J., dissenting); Buchanan v. Stanships, Inc., 485 U. S. 265, 269 (1988) (MARSHALL, J., dissenting); Commissioner v. McCoy, 484 U. S. 3, 7 (1987) (MARSHALL, J., dissenting).
discussed Cited as authority (rule) Pennsylvania v. Bruder (2×)
SCOTUS · 1988 · confidence medium
Rhodes v. Stewart, ante, p. 1 (MARSHALL, J., dissenting); Buchanan v. Stanships, Inc., 485 U. S. 265, 269 (1988) (MARSHALL, J., dissenting); Commissioner v. McCoy, 484 U. S. 3, 7 (1987) (MARSHALL, J., dissenting).
discussed Cited as authority (rule) Rhodes v. Stewart (2×)
SCOTUS · 1988 · confidence medium
Buchanan v. Stanships, Inc., 485 U. S. 265, 269-270 (1988) (MARSHALL, J., dissenting); Commissioner v. McCoy, 484 U. S. 3, 7-8 (1987) (MARSHALL, J., dissenting); Montana v. Hall, 481 U. S. 400, 405-410 (1987) (MARSHALL, J., dissenting).
discussed Cited "see" Loeb-Defever v. Mako
5th Cir. · 2026 · signal: see · confidence high
See Lee, 358 F.3d at 321 . 2 “Federal Rule of Civil Procedure 59(e) concerns ‘motion[s] to alter or amend the judgment,’” Buchanan v. Stanships, Inc., 485 U.S. 265, 267 (1988), which “must be filed no later than 28 days after the entry of the judgment.” Fed.
cited Cited "see" Wynn v. University of Toledo
N.D. Ohio · 2024 · signal: see · confidence high
See Buchanan v. Stanships, Inc., 485 U.S. 265 , 268–269 (1988).
BUCHANAN
v.
STANSHIPS, INC., Et Al.
87-133.
Supreme Court of the United States.
Mar 21, 1988.
485 U.S. 265

Lead Opinion

Per Curiam.

Federal Rule of Appellate Procedure 4(a)(4) provides that if any party files a timely motion “under Rule 59 [of the Federal Rules of Civil Procedure] to alter or amend the judgment,” then the time for appeal “shall run from the entry of the order . . . granting or denying” such a motion. The Rule specifically indicates that a notice of appeal filed before the[*266] disposition of such a motion “shall have no effect” but that a “new notice of appeal must be filed within the prescribed time measured from the entry of the order disposing of the motion.” In this case, we are asked to determine whether a prevailing party’s motion for costs constitutes a Rule 59 motion and thereby renders ineffective a notice of appeal filed prior to the disposition of that motion.

I

Petitioners, a widow and her minor child, brought this wrongful-death" action against respondents in the United States District Court for the Middle District of Louisiana under the Death on the High Seas Act, ch. 111, 41 Stat. 537, 46 U. S. C. § 761 et seq. The court initially granted summary judgment for respondents, but the Court of Appeals for the Fifth Circuit reversed this ruling. 744 F. 2d 1070 (1984). On remand, the District Court conducted a bench trial. Then, on January 26, 1987, the court entered judgment in favor of respondents, dismissing petitioners’ suit with prejudice. Pet. for Cert. 15. The judgment made no mention of costs. The next day petitioners filed a notice of appeal in the District Court pursuant to Federal Rule of Appellate Procedure 3. Id., at 16.

On January 29, 1987, respondents filed an application for the allowance of costs, styled as a “Motion to Alter or Amend Judgment.” Id., at 17. The motion asked that the District Court “amend its judgment” to reflect that respondents were “entitled to recover their taxable costs,” and specifically invoked Rule 59 of the Federal Rules of Civil Procedure. Ibid. The District Court issued an order granting respondents’ request the next day. Id., at 18.

Petitioners did not file a second notice of appeal following the District Court’s order granting respondents’ motion. Respondents subsequently moved the Court of Appeals to dismiss petitioners’ appeal for lack of subject-matter jurisdiction due to failure to file a timely notice of appeal. Id., at 19.[*267] Respondents argued that Rule 4(a)(4) of the Federal Rules of Appellate Procedure rendered petitioners’ first notice of appeal void because the motion for the allowance of costs was a Rule 59(e) motion. Relying on its prior decision in Harcon Barge Co. v. D & G Boat Rentals, Inc., 784 F. 2d 665 (CA5) (en banc), cert. denied, 479 U. S. 930 (1986), the Court of Appeals agreed and dismissed petitioners’ appeal. Pet. for Cert. 25. See also Charles v. Daley, 799 F. 2d 343, 347 (CA7 1986) (adopting the analysis of Harcon Barge). Petitioners seek certiorari, noting that the Court of Appeals’ decision is in tension with our decision in White v. New Hampshire Dept. of Employment Security, 455 U. S. 445 (1982), and in conflict with decisions of the Ninth Circuit and the Eleventh Circuit, see Durham v. Kelly, 810 F. 2d 1500 (CA9 1987); Alimenta (U. S. A.), Inc. v. Anheuser-Busch Cos., 803 F. 2d 1160 (CA11 1986); Lucas v. Florida Power & Light Co., 729 F. 2d 1300 (CA11 1984).

II

Federal Rule of Civil Procedure 59(e) concerns “motion[s] to alter or amend the judgment.” The Rule requires that such motions be filed within 10 days of the initial entry of judgment. “[T]he federal courts generally have invoked Rule 59(e) only to support reconsideration of matters properly encompassed in a decision on the merits.” White, supra, at 451. In White, we held that a motion for attorney’s fees under 42 U. S. C. § 1988 was not a Rule 59(e) motion. We reasoned that because § 1988 provides for fees independently of the underlying cause of action and only for a “prevailing party,” a motion for fees required an inquiry “separate from the decision on the merits — an inquiry that cannot even commence until one party has ‘prevailed.’” 455 U. S., at 451-452. Cf. Budinich v. Becton Dickinson & Co., 807 F. 2d 155 (CA10 1986) cert. granted, 484 U. S. 895 (1987) (presenting issue whether a different rule applies when fees are not provided for independently, as by § 1988, but as an aspect[*268] of the underlying action). Such a motion therefore “‘does not imply a change in the judgment, but merely seeks what is due because of the judgment.’” 455 U. S., at 452 (emphasis added) (quoting Knighton v. Watkins, 616 F. 2d 795, 797 (CA5 1980)).

Respondents’ postjudgment motion for costs similarly sought only what was due because of the judgment. Because the Death on the High Seas Act contains no provision regarding costs, respondents’ motion for costs necessarily was predicated on Federal Rule of Civil Procedure 54(d). Assessment of such costs does not involve reconsideration of any aspect of the decision on the merits. Under Rule 54(d), the “prevailing party” automatically is entitled to costs “unless the court otherwise directs.” Indeed, the Rule contemplates that applications for costs will be presented in the first instance not to the court but to the clerk; a district judge need not take up the issue at all unless the losing party makes a timely motion for judicial review. Fed. Rule Civ. Proc. 54(d) (“On motion served within 5 days [after the clerk’s taxing of costs], the action of the clerk may be reviewed by the court”); 10 C. Wright, A. Miller, & M. Kane, Federal Practice and Procedure § 2679, p. 396 (2d ed. 1983). A sharp distinction between the judgment on the merits and an award of costs under Rule 54(d) also is evident in Rule 58’s instruction that “[e]ntry of the judgment shall not be delayed for the taxing of costs.” Thus it is apparent that the Rules “attemp[t] to divorce the process of entering judgment from that of determining and assessing the costs.” 10 Wright, Miller, & Kane, supra, § 2679, p. 392.

•While a different issue may be presented if expenses of this sort were provided as an aspect of the underlying action, we are satisfied that a motion for costs filed pursuant to Rule 54(d) does not seek “to alter or amend the judgment” within the meaning of Rule 59(e). Instead, such a request for costs raises issues wholly collateral to the judgment in the main cause of action, issues to which Rule 59(e)[*269] was not intended to apply. White, supra, at 451. Cf. FCC v. League of Women Voters, 468 U. S. 364, 373-374, n. 10 (1984) (issue of entitlement to “attorney’s fees and costs” described as “wholly collateral” to judgment on the merits) (emphasis added); Eisen v. Carlisle & Jacquelin, 417 U. S. 156, 172 (1974) (order assigning costs held immediately appealable under the “collateral order” doctrine because it “involved a collateral matter unrelated to the merits”). Respondents’ inaccurate designation of their costs request as a Rule 59(e) motion cannot change this fact. Nor can respondents’ incorrect label deprive petitioners of the benefit of their timely notice of appeal. Because respondents’ motion, properly viewed, was a Rule 54(d) motion for costs rather than a Rule 59(e) motion to alter or amend a judgment, petitioners’ notice of appeal was timely under the Federal Rules of Appellate Procedure.

Certiorari is therefore granted, the decision of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion.

It is so ordered.

Dissent

Justice Marshall,

dissenting.

I continue to believe that it is unfair to litigants and damaging to the integrity and accuracy of this Court’s decisions to decide a case summarily without the benefit of full briefing on the merits of the question decided. See Commissioner v. McCoy, 484 U. S. 3, 7 (1987) (Marshall, J., dissenting); Montana v. Hall, 481 U. S. 400, 405 (1987) (Marshall, J., dissenting). The Rules of this Court encourage litigants filing petitions for certiorari to address whether plenary consideration of the case is appropriate and discourage detailed discussions on the merits. Respondents in this case followed that advice. Respondents filed a seven-page brief in opposition to the petition for certiorari, of which only four pages dealt with the issue whether a prevailing party’s motion for costs constitutes a Federal Rule of Civil Procedure 59(e) motion to alter or amend judgment. Respondents re[*270] lied almost exclusively on the Fifth Circuit’s unanimous en banc decision in Harcon Barge Co. v. D & G Boat Rentals, Inc., 784 F. 2d 665 (1986), which this Court had declined to review. 479 U. S. 930 (1986). The Fifth Circuit’s decision in this case, applying the “bright-line rule” of Harcon, Pet. for Cert. 26, undoubtedly benefited from full briefing, something the Court today decides is unnecessary for its determination that the Fifth Circuit was wrong. It is my ongoing view that when the Court is considering a summary disposition of a case, it should at a minimum so inform the litigants and invite them to submit supplemental briefs on the merits. Such modest steps are necessary to ensure fair and reasoned decisionmaking. I dissent.