Frampton v. Wilson
In Frampton v. Wilson, 605 P.2d 771, 774 (Utah 1980), the Court held that the miscellaneous expenses for a contour model, photographs, and certified copies of documents were not taxable as costs. See id.
The Court noted that this court's allowance of deposition fees as costs was "not intended and should not be taken as opening the door to other expenses of the character here claimed by the plaintiff as costs." Id.
The Court held that witness fees, in excess of the statutory allowance, were not legitimate and taxable costs and could not be recovered.
In Frampton, the plaintiffs paid five expert witnesses amounts over what was allowed by the Utah Code. See id. at 772-73.
The trial court in Frampton included the additional witness fees in its calculation of plaintiff's costs because it found that the additional fees were expenses "necessary to present plaintiffs' case." Id.
On appeal, the Court stated that there is a distinction between "legitimate and taxable 'costs' and other 'expenses,' of litigation, which may be ever so necessary, but are not properly taxable as costs." Id. at 774.
The Court explained that costs are generally fees that are required to be paid to the court and to witnesses. See id.
The Court reversed the trial court's award of the witness fees in excess of the statutory allowance because they were not fees required by statute to be paid to the witness, and thus were not legitimate and taxable costs. See id.