Court affirms Clerk's taxation of costs in most respects
Honeywell International, Inc. v. Hamilton Sunstrand Corp., Civil Action No. 99-309-GMS, September 30, 2009.
Sleet, C. J. Defendant, as the prevailing party, moved for review Clerk’s taxation of costs. The Court affirmed the Clerk’s taxation of costs in all respects except for costs associated with a bond to stay execution of judgment pending appeal. Defendant is entitled to those costs
After an initial trial, an appeal, a remand, and a 2-day bench trial Defendant prevailed on 8/14/06. This decision was affirmed on 4/18/08. Defendant, as the prevailing party, sought costs of $431,200.47, including (1) $10,914.40 for transcripts; (2) $17,549.30 for depositions, $2,410 for witness fees and subsistence, $173,855.77 for exhibits, and $226,471 for bonds. The Clerk granted the witness fees and denied the other requests. Denial of transcript costs was because the Court had not requested them and the local rule provides that transcripts for counsel’s own use are not taxable. Denial of deposition costs was upheld because the use of the transcripts was not substantial. Defendant is not entitled to costs for exhibits because it was not established that the exhibits were necessarily sustained in connection with admitted exhibits or were requested by the Court; were not merely explanatory or argumentative, and were sustained as a result of presentation and not production of the exhibits. In Schering Corp. v. Amgen, Inc., 198 F.R.D. 422, 428 (D.Del. 2001), costs for a video were allowed because the judge had specifically invited it. Because the Federal Circuit stated that “each party shall bear its own costs” the prevailing party was not entitled to costs for the bond posted to stay execution pending appeal notwithstanding Fed. R. App. P. 39. It was however entitled to the costs for a bond staying execution during post-trial motion practice in the district court.
