Rabe v. Cut and Curl of Plaza 75, Inc
In Rabe v. Cut and Curl of Plaza 75, Inc., 148 Ariz. 552, 555, 715 P.2d 1240, 1243 (App. 1986), the Court addressed the scope of the "cost of taking depositions" under A.R.S. 12-332(A)(2) (2003), in determining the proper award of costs to the successful party in a civil action. Rabe, 148 Ariz. at 554-55, 715 P.2d at 1242-43.
The trial court ruled that fees for medical witnesses and expert witnesses, beyond witness fees plus mileage as permitted by A.R.S. 12-303 (2003), were permissible. Id. at 554, 715 P.2d at 1242.
The Court affirmed, holding that "if a party is required to pay an opponent's witness an expert fee or incurs other expenses necessarily and reasonably incurred to obtain an adverse witness's testimony before trial," those costs may be assessed pursuant to A.R.S. 12-332(A)(2). Id. at 555, 715 P.2d at 1243.