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Proposed Rule Amendment to Appendix II. Statewide Uniform Guidelines for Taxation of Costs in Civil Actions

The Civil Rules Committee invites comments on the proposed rule amendment anticipated to be included in a report to the Court regarding Appendix II. Statewide Uniform Guidelines for Taxation of Costs in Civil Actions. Interested persons have until January 31, 2021, to submit any comments, electronically, to Ceci Berman, chair of the Civil Rules Committee, and Bar staff liaison Mikalla Davis.

Proposal Summary

Appendix II. Statewide Uniform Guidelines for Taxation of Costs in Civil Actions 38-0-0 In the paragraph “Burden of Proof,” replaces “action” with “activity” for greater clarity. Also, adds to the end of the paragraph “undertaken” for clarity.

In the second paragraph under the section titled “I. Litigation Costs That Should Be Taxed” and subtitle “Depositions,” adds “,including audiovisually recorded depositions,” to include current technology.

In the paragraph under the section titled “I. Litigation Costs That Should Be Taxed” and subtitle “Expert Witnesses,” replaces “trial” with “court” to expand the guidelines to testimony given in court rather than only trial testimony.

Under the section titled “I. Litigation Costs That Should Be Taxed,” adds a new subdivision “G. Filing Fees and Service of Process Fees.”

Under the section titled “II. Litigation Costs That May Be Taxed as Costs,” adds to the first subdivision title “/Nonbinding Arbitration” as such costs may be taxed pursuant to current law.

Under the section titled “II. Litigation Costs That May Be Taxed as Costs,” in the first sentence, adds “of mediation, including” and deletes “and” for clarity.

Under the section titled “II. Litigation Costs That May Be Taxed as Costs,” in the second sentence, adds “Costs of court-ordered nonbinding arbitration, including arbitrator fees.” as such costs may be taxed pursuant to current law.

Under the section titled “II. Litigation Costs That May Be Taxed as Costs,” adds a new subdivision D regarding testifying expert witnesses as such costs may be taxed pursuant to current law.

Full Text of Proposal

Taxation of Cost Civil Rules Amendments