Civil Litigation,
California Supreme Court
Jan. 19, 2022
Are costs for unused trial exhibits recoverable?
The California Supreme Court recently answered this question in a case involving the following scenario: Plaintiffs sued defendants for fraud. The jury returned a defense verdict. Defendants filed a memorandum of costs seeking recovery of trial expenses, including photocopies of exhibits, exhibit binders, and closing argument demonstrative aides that were prepared for — but not ultimately used — at trial. Plaintiffs moved to tax costs challenging those items not used at trial.
Steven H. Kruis
ADR Services, Inc.Email: skruis@adrservices.org
Steven has been a full-time mediator since 2002, and mediated well over 2,000 matters throughout Southern California. He is with the San Diego Office of ADR Services.
Plaintiffs sued defendants for fraud. The jury returned a defense verdict. Defendants filed a memorandum of costs seeking recovery of trial expenses, including photocopies of exhibits, exhibit binders, and closing argument demonstrative aides that were prepared for -- but not ultimately used -- at trial. Plaintiffs moved to tax costs challenging those items not used at trial. Are defendants entitled to recover such costs?
Maybe, according ...
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