Jamison v. Cooper

111 F.R.D. 350
CourtDistrict Court, N.D. Georgia
DecidedJune 25, 1986
DocketCiv. A. No. C83-0610A
StatusPublished
Cited by13 cases

This text of 111 F.R.D. 350 (Jamison v. Cooper) is published on Counsel Stack Legal Research, covering District Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jamison v. Cooper, 111 F.R.D. 350 (N.D. Ga. 1986).

Opinion

ORDER

FORRESTER, District Judge.

This action is before the court on defendants’ motion for review of costs. Each objection to plaintiffs’ taxation of costs will be considered seriatim.

I. COPIES OF DEPOSITIONS.

Defendants first object to the taxing of the costs of copies of depositions taken by plaintiffs. Copies of depositions taken by the prevailing party are ordinarily not taxable as costs. See George R. Hall, Inc. v. Superior Trucking Company, 532 F.Supp. 985, 995 (N.D.Ga.1982). Judge Hall described the rationale behind this rule as follows:

The local rules require that if discovery materials are to be used at trial or are necessary to a pre-trial or post-trial motion, the portions to be used shall be filed with the clerk at the outset of the trial or at the filing of the motion insofar as their use can be reasonably anticipated. Since the party taking the deposition is allowed an opportunity to hold on to that deposition, a copy ordered for the parties’ reference in the event the original is submitted to the court will ordinarily be only for that party’s convenience.

Id. at 995.

This general rule applies with particular force to the depositions of Dr. Robert Stein, Nancy Ratcliff, and James S. McElhiney. Plaintiffs seek to tax $268.25 for the originals and one carbon copy of these depositions. The separate cost for the copy is not indicated by plaintiffs. Because the cost of the convenience copies must be disallowed, the total cost of these depositions will be disallowed with leave for plaintiffs to request only the cost of the original depositions.

Although the foregoing deposition copies were clearly used for convenience of plaintiffs, the same cannot be said for the copies of the depositions of Cathy Cooper, David Carlton, and Darrell Carlton. Plaintiffs apparently cooperated in filing the original copies of these depositions with the court in support of defendants’ motions for summary judgment. See Letter of John C. Parker to Ben H. Carter, September 9, 1983. Because plaintiffs voluntarily relinquished custody of the original copies for purposes other than supporting their own motions or their own presentation of the case, the court finds that copies of these depositions used extensively by plaintiffs in preparation for and at trial were necessary costs incident to the taking of depositions. 28 U.S.C. § 1920.

[352]*352In sum, $268.25 in expenses incurred in the taking of depositions of Dr. Robert Stein, Nancy Ratcliff and James S. McElhiney are disallowed. Plaintiffs are given leave to renew their request for these costs with proof of the expense incurred in purchasing original copies only.

II. VIDEOTAPE PRODUCTIONS OF DEPOSITIONS.

Defendants also object to the taxing of expenses incurred in obtaining videotapes for the depositions of Dr. Craig Ferrell and Dr. Robert Stein. With regard to taxation of videotape depositions, the court notes that the expenses of videotaping and re-playing a deposition have been limited to per diem witness fees. See Fressell v. AT & T Technologies, Inc., 103 F.R.D. 111, 116 (N.D.Ga.1984). A consideration of Rule 30(b)(4) allowing the recordation of a deposition by videotape leads this court to conclude that a videotaped deposition is more appropriately taxed as is any other deposition expense. Rule 30(b)(4) provides that parties may stipulate or the court may order that testimony be recorded by other than stenographic means. “A party may arrange to have a stenographic transcription made at his own expense.” Fed.R. Civ.P. 30(b)(4). This rule contemplates that the party requesting a deposition may seek a videotaped recording for use at trial or otherwise, but must personally bear the expense of supplementing such recording with a stenographic transcription. For the purposes of the taxation of costs, it follows that a prevailing party who has noticed and videotaped a deposition may be allowed the costs of videotaping, but will not be allowed the costs of stenographic transcription in addition to-the cost of videotaping.

Plaintiffs in this action incurred $606.50 in videotaping and replaying the depositions of Dr. Craig Ferrell and Dr. Robert Stein. Plaintiffs seek to tax these costs as well as the costs of transcribed depositions of these two expert witnesses. In particular, plaintiffs seek to tax defendants in the amount of $160 for Dr. Ferrell’s transcript and $343.25 for the transcript of Dr. Stein. This latter figure actually reflects the costs of transcribing and typing the depositions of Dr. Robert Stein, Nancy Ratcliff, and James S. McElhiney. No segregation of the cost for Dr. Stein’s deposition was provided by plaintiffs.

Because defendants may not be taxed properly with the costs of both a videotape and stenographic copy of these depositions, the court will disallow the cost of the stenographic copies. Therefore, $160 for the cost of the Farrell transcript and $343.25 for the cost of the Stein transcript will be disallowed. A portion of the latter figure has already been disallowed when addressing the question of deposition copies. Only the cost of Dr. Stein’s original deposition and an additional $75 representing the court reporter’s attendance fee are being disallowed at this time. Of course, because the court is disallowing a gross figure representing the costs of deposing Dr. Stein, Ms. Ratcliff and Mr. Mc-Elhiney, plaintiffs are given leave to renew their requests for the costs of the depositions of Ms. Ratcliff and Mr. McElhiney.

III. DIAGRAMS, TRIAL FLIMSIES AND PHOTOGRAPHS.

Plaintiffs further object to the taxing of diagrams of the accident scene, trial flimsies used by plaintiffs on an overhead projector, and photographs of the accident scene. Although it may be argued that the cost of such items is not strictly encompassed by the statutory provision allowing for “[fjees for exemplification and copies of papers necessarily obtained for use in the case,” 28 U.S.C. § 1920(4), most courts view such expenses as taxable where they are necessarily obtained for use in the case. United States v. Ernst & Whinney, 557 F.Supp. 1152, 1156 (N.D.Ga. 1983); see generally 6 Moore’s Federal Practice, 1154.77[6]. This court has noted that admission of such materials as evidence serves as a good indicator of necessity. See Ernst & Whinney, 557 F.Supp. at 1156. The diagram of the intersection of the accident as well as the photographs of the scene of the accident were admitted [353]*353into evidence. The court concludes that these items assisted the jury in understanding the facts surrounding the accident and were reasonably necessary for the plaintiffs’ presentation of their case. The same cannot be said for the trial flimsies. These opaque, plastic sheets were used by plaintiffs primarily as a convenient way of presenting and summarizing evidence bearing on issues such as damages. For the foregoing reasons, the costs of trial flimsies in the amount of $6.78 will be disallowed.

IV. WITNESS FEES.

Defendants’ final objection concerns taxation of witness fees and travel expenses.

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Bluebook (online)
111 F.R.D. 350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jamison-v-cooper-gand-1986.