Fasken Land & Minerals, Ltd. v. Occidental Permian Ltd

In Fasken Land & Minerals, Ltd. v. Occidental Permian Ltd., 225 S.W.3d 577, 596 (Tex. App.--El Paso 2005, pet. denied), the appellant challenged the recovery of costs for videotaping depositions and copying deposition transcripts. The court observed that the defendants' statement of costs was supported by affidavits that the depositions and transcripts were "necessarily obtained for use in the suit and were used to question witnesses and prepare for argument at trial." Id. The court stated that "costs which are necessary to the conduct of trial may be recoverable." Id. at 597 But the Fasken court did not examine the merits of whether those costs were taxable as costs because the appellant did not specifically point out which items were purportedly improperly taxed. Id.