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Siders v. Reynoldsburg School Dist.12/13/1994
e in their brief that some of the depositions were not "read" into evidence and thus "the court may have erred in taxing these costs against Cross-Appellant."
The record supports defendant's contention that the trial court permitted recovery of court costs for depositions not used at trial. Accordingly, upon remand, "the trial court's determination, necessarily, must be based upon whether the deposition was used (not just filed) in the trial court Miller, supra, 90 Ohio App.3d at 625, 630 N.E.2d at 70.
We also agree with defendant's contention that the costs of playback and the costs of the videotape, as a material, were improperly allowed. See C.P.Sup.R. 12(D)(1); Friday v. Rice (1987), 38 Ohio App.3d 113, 526 N.E.2d 1102 (costs of playing videotaped deposition should have been borne by trial court). Further, the record supports defendant's contention that a charge of $460 for editing should not have been allowed in trial as the invoice indicates that only $325 of that amount was actually for editing.
To the extent provided above, defendant's fifth assignment of error on cross-appeal is sustained.
Based upon the foregoing, plaintiffs' first, third, fourth, fifth and seventh assignments of error are sustained; plaintiffs second and sixth assignments of error are overruled; plaintiffs' eighth assignment of error is rendered moot; defendant's first, second, third and fourth assignments of error on cross-appeal are overruled; and defendant's fifth assignment of error on cross-appeal is sustained to the extent provided. The judgment of the trial court is reversed ansthis matter is remanded to the trial court for further proceedings in accordance with law and consistent with this opinion.
Judgment affirmed in part, reversed in part and cause remanded.
PEGGY BRYANT and TYACK, JJ., concur.
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