United States Sixth Circuit

Expert witness fees may not be taxed as costs at a court's discretion under Federal Rule of Civil Procedure 54(d) because 28 U.S.C. section 1920 does not provide for them. An order in a contract action awarding defendant costs for expert witness fees is reversed and the matter remanded for a determination of the amount of costs the expert may recover as ordinary witness costs for attendance fees, travel expenses, and as a subsistence allowance under 28 U.S.C. section 1821.

Appellate Information

• Decided 01/23/2007
• Published 01/23/2007

Judges

• Before BOGGS, Chief Judge;  MARTIN, Circuit Judge;  OLIVER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  John H. Dwyer, Jr., Pedley, Zielke, Gordinier & Pence, Louisville, Kentucky, for Appellant.  Joseph L. Hardesty, Bethany A. Breetz, Matthew Arnold Gillies, Stites & Harbison, Louisville, Kentucky, for Appellee.