What are the implications of the provisions of the 28.S.C.O. Regulations on expert witness fees and compensation in federal cases?
MultiRegion, United States of America
The following excerpt is from Robinson v. Kia Motors Am., Inc., No. 2:10-cv-03187-SOM (E.D. Cal. 2016):
"Under these provisions, additional amounts paid as compensation, or fees, to expert witnesses cannot be allowed or taxed as costs in cases in the federal courts" unless the expert witness is appointed by the court. Henkel v. Chicago, St. P., M. & O. Ry. Co., 284 U.S. 444, 446 (1932) (discussing predecessor statutes to 28 U.S.C. 1920 and 1821) (citations omitted)).
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