Tuesday, September 02, 2008, 12:51 PM

COA Reiterates That Expert Fees Aren't Mandatory Costs

Today in Bennett v. Equity Residential, ERP Operating Ltd. P'Ship, the Court of Appeals reiterated that when a plaintiff voluntarily dismisses her case, Rule 41(d) doesn't require that the defendant's expert witness fees be assessed against the plaintiff as costs. They may be taxed at the trial court's discretion (if the expert is subpoenaed), but they aren't mandatory costs.

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