Civil Litigation,
California Supreme Court
Jan. 14, 2022
Judges can award costs for exhibits not used in trial
Chief Justice Tani G. Cantil-Sakauye concluded that “costs related to unused photocopies of trial exhibits and demonstratives are not categorically recoverable under section 1033.5(a) (13), but they may still be awarded in the trial court’s discretion pursuant to section 1033.5(c) (4).”
Judges have discretion to award or deny costs for exhibits that were prepared for a trial but were not used, the California Supreme Court ruled Thursday.
In an opinion written by Chief Justice Tani Cantil-Sakauye, the unanimous court said it was resolving a conflict among courts of appeal "regarding whether costs incurred in preparing photocopies of exhibits and demonstrativ...
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Segal v. ASICS America Corp.
Costs for demonstratives and photocopies of exhibits prepared for trial, but ultimately not used are not categorically recoverable but are recoverable in the trial court's discretion.
