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Songer v. Bowman8/16/1990
costs. We agree.
Although a trial court has discretion in awarding costs, here, the parties who were deposed either testified in person or their depositions were not used at trial. Consequently, the costs related to the depositions are not recoverable. See Morris v. Redak, 124 Colo. 27, 234 P.2d 908 (1951). In addition, the experts' travel expenses are not recoverable because they were not out-of-state witnesses under subpoena. See Crawford v. French, 633 P.2d 524 (Colo. App. 1981).
The trial court also erred in awarding investigative and paralegal expenses because they are not costs recoverable under ยง 13-16-122, C.R.S. (1987 Repl. Vol. 6A). However, expert witness fees, including compensation for trial preparation, are recoverable. See Shultz v. Linden-Alimak, Inc., 734 P.2d 146 (Colo. App. 1986). Therefore, plaintiff is entitled to recover the reasonable costs related to his experts' preparation time and testimony time.
Thus, the case must be remanded to the trial court for the sole purpose of recalculating plaintiff's costs consistent with our ruling.
The judgment is affirmed in all respects, except as to the award of costs. That part of the judgment is reversed, and the cause is remanded for further proceedings on that issue consistent with this opinion.
Disposition
JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CAUSE REMANDED WITH DIRECTIONS.
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