at the request of a party in anticipation of trial are not taxable as costs

unless such matters become part of the record on appeal. (D) Costs of depositions. (i) Costs of depositions are taxable if reasonably necessary for the preparation of the case for trial. A deposition is deemed reasonably necessary if: (I) Read to the court as provided in Rule 32(a)(3), W.R.C.P.Ch.C.; (II) Used at trial for impeachment concerning a material line of testimony (impeachment on a collateral issue does not fall within the scope of this rule); (III) Necessarily, and not merely conveniently, used to refresh the recollection of a witness while on the stand; or, (IV) Was taken at the request of a nonprevailing party. The foregoing are meant to provide guidelines, and are not exhaus- tive. The use of depositions for trial preparation alone does not justify the imposition of costs. (ii) Reporters fees for depositions. Actual, ordinary reporting fees will be allowed. Extra costs for expediting transcripts or daily copy costs will not be allowed, except as authorized by an order entered prior to the date such costs are to be incurred. Reporters’ travel, per diem expenses and appearance fees will not be taxed as costs. (iii) Fees and expenses of counsel. Fees and expenses of counsel for traveling to and attending depositions are not taxable as costs. (E) Copies of papers. Duplicating costs necessarily incurred for docu- ments admitted into evidence shall be allowed. Duplication costs for documents for counsel’s own use are not allowable. (F) Exhibits received in evidence. The expense of preparing exhibits received in evidence, including 8 by 11 photographs (but not enlarge- ments) videotapes, models and other demonstrative evidence are allow- able as taxable costs at the discretion of the court. (4) Other Costs Not Enumerated. — These rules do not preclude the award of other costs not enumerated herein if otherwise allowable under law; nor do they require the award of costs as they may be denied altogether if the court, through the exercise of its discretion, so determines. Moreover, to the extent that Wyo. Stat. Ann. § 1-14-125 limits costs, that statute is control- ling. However, costs associated with the offer of judgment rule, i.e. Rule 68, W.R.C.P.Ch.C., must be awarded. (5) Apportionment. — All costs may be apportioned among some or all of the nonprevailing parties as the court may determine. History: Adopted September 21, 2021, effective De- cember 1, 2021.