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Aga v. Hundahl

8/31/1995

entitled to recover costs for one copy of the transcripts, we deny Appellee's request for transcript costs to the extent that it exceeds the standard cost of one copy of the transcripts.


The allowable fees for an original and a copy of transcripts are set forth in Hawai'i Revised Statutes (HRS) § 606-13 (1985), which provides in relevant part:


Salary and perquisites of reporters. Each reporter shall receive for his [or her] services as prescribed in section 606-12 the salary that may be appropriated from time to time as compensation for his [or her] services in court. He [or she] may also charge for his [or her] services a fee not to exceed $1.50 per twenty-five line page for the original ribbon copy of transcripts of testimony and proceedings and 60 cents per twenty-five line page for each carbon copy thereof made at the same time when such transcripts are prepared in their regular order for the purposes of appeal to the supreme court and a fifty per cent additional fee for expedited service when transcripts are prepared during the course of a trial. . . . (Emphasis added.)


Although HRAP Rule 39(c)(1) does not authorize recovery of the costs of expedited daily transcripts, Appellee is nonetheless entitled to recover the cost of one copy of the transcripts in the amount authorized by HRS § 606-13. In the present case, Appellee obtained 1,508 pages of transcripts. Appellee is entitled to recover the costs of a copy of these transcripts at the rate of sixty cents per twenty-five line page. Accordingly, we hold that Appellee may recover transcript costs in the amount of $904.80.


In addition, we grant Appellee's request, pursuant to HRAP Rule 39(4)(c), for photocopying costs in the amount of $302.40.


II. Conclusion


Based on the foregoing, we grant Appellee's request for costs relating to transcripts and photocopying in the amount of $1,207.20, inasmuch as they were "necessary for the determination of the appeal." However, we deny Appellee's request for transcript costs in excess of sixty cents per twenty-five line page as provided under HRS § 606-13. An appropriate order shall be filed concurrently with this opinion.


Ronald T. Y. Moon


Steven H. Levinson


Paula A. Makayama


Wendell K. Huddy


Virginia Lea Crandall






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