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Young v. State11/28/2000
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The trial court may award the prevailing party its costs of depositions if it finds that the depositions are taken in good faith, and are essential to the party's development and presentation of its own case, either because the depositions were used in a meaningful way at trial, or because the development of the case was of such a complex nature that the information provided in the deposition could not have been obtained through less expensive means of discovery. The standard of review applied to the trial court's award of costs is whether the trial court exceeded the permitted range of discretion. However, the trial court must provide sufficient findings for the appellate court to review in determining whether the award of costs is within the trial court's discretion. Fees paid to witnesses above the statutory allowance, as well as amounts paid for trial exhibits, as a matter of law, are not recoverable "costs" of litigation, but are merely expenses of litigation. Reversed as to the $428.35 for the copies of the depositions of plaintiff's doctors, the $1,000 paid to plaintiff's expert witness, and the $1,496.83 awarded for trial exhibits. Reversed and remanded as to the other deposition costs for redetermination based on the necessary findings in accordance with this opinion.
Chief Justice Howe, Associate Chief Justice Russon, Justice Durham, and Justice Durrant concur in Justice Wilkins' opinion.
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