Applicability. — The parties’ agreement to

Uniform Rules for District Courts of the State of Wyoming

Rule: 503

Jurisdiction: WY

Bluebook Citation: Wyo. Unif. Dist. Ct. R. 503

an allocation of costs is not subject to the provisions of this rule. Snyder v. Lovercheck, 99 P.2d 1079, 1999 Wyo. LEXIS 188 (Wyo. 1999). Expert witness fees properly awarded. — The prevailing defendant was entitled to expert witness fees, notwithstanding that the defendant failed to set forth the number of full or half days the expert spent on the matter and price of economy airfare, since the use of hours instead of days goes to the computation of the amount of the costs and not to the propriety of the underlying claim, and the plaintiff offered no argument that the amount awarded for the expert was incorrectly calculated. Snyder v. Lovercheck, 2001 WY 64, 27 P.3d 695, 2001 Wyo. LEXIS 77 (Wyo. 2001). Deposition expenses. — The prevailing defendants were entitled to recover discovery depositions taken by them where, beyond citing the four guidelines in the rule, under subdivi- sion (a)(3)(D)(i) the plaintiff made no argument that the depositions were not otherwise reason- ably necessary. Snyder v. Lovercheck, 2001 WY 64, 27 P.3d 695, 2001 Wyo. LEXIS 77 (Wyo. 2001). District court erred in awarding costs in- curred in a deposition because the record did not reflect any justification for an award of costs for the deposition beyond the bald asser- tion in the certificate of costs that the deposi- tion was used at trial and the costs were actually and necessarily incurred. Given this dearth of justification, the district court failed to act reasonably in awarding those costs. Wil- son v. Tyrrell, 2011 WY 7, 246 P.3d 265, 2011 Wyo. LEXIS 8 (Wyo. 2011). The district court did not abuse its discretion in awarding deposition costs under subdivision (a)(3)(D)(i)(I-IV); the district court found that the costs of the depositions were reasonable and necessary in defending the action and were required for trial preparation, and defendants made use of the transcript of one of the deposi- tions for impeachment during cross examina- tion at trial. Gore v. Sherard, 2002 WY 114, 50 P.3d 705, 2002 Wyo. LEXIS 120 (Wyo. 2002). Reporting fees. — The district court erred in awarding appearance fees for court reporters at depositions which is contrary to the manda- tory language of subdivision (a)(3)(D)(ii). Gore v. Sherard, 2002 WY 114, 50 P.3d 705, 2002 Wyo. LEXIS 120 (Wyo. 2002). Mediation costs. — Mediation costs are not an allowable cost under the rule, which pro- vides that a cost not enumerated in the rule may be awarded if otherwise allowable under law; plaintiff cited to no Wyoming authority allowing an award of costs for mediation costs, and there was no error in the district court’s ruling. Stocki v. Nunn, 2015 WY 75, 351 P.3d 911, 2015 Wyo. LEXIS 88 (Wyo. 2015). Nominal damages. — In consolidated civil actions involving ownership disputes among neighboring landowners, the district court’s award to appellees of $1,500 as nominal dam- ages and to aid them in the cost of erecting a boundary fence was reversed because there were no findings of fact in the record from which it could be determined how much of the award was for nominal damages and how much was for fence construction. Bellis v. Kersey, 2010 WY 138, 241 P.3d 818, 2010 Wyo. LEXIS 147 (Wyo. 2010). Agreement to pay attorney fees and costs. — Parties to an agreement are free to bargain for payment of costs, just as they can bargain for payment of attorney’s fees, and the parties’ agreement to an allocation of costs is not subject to the provisions of this rule. Dewey v. Wentland, 2002 WY 2, 38 P.3d 402, 2002 Wyo. LEXIS 2 (Wyo. 2002).

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