MEMORANDUM OPINION
Introduction
Plaintiff’s post-judgment motion for litigation costs raises questions as to whether plaintiff may recover costs associated with (i) deposition transcripts not used at trial, (ii) transcripts of pretrial proceedings, and (iii) fees for copies and exemplification. Deposition transcript costs are awarded in light-of this circuit’s rule that where there is a merits disposition short of trial such costs are recoverable to the victor where the depositions, though not used at trial, appeared reasonably necessary for preparation for trial at the time taken. Costs for transcripts of pretrial proceedings, exemplification, and copying are granted with the modifications described in this opinion.
Factual Background and Proceedings
Plaintiff, the Board of Directors of Water’s Edge, a condominium unit owners’ association (“Water’s Edge”), filed a complaint on July 24,1989, charging defendant, The Anden Group (“Anden”), with having improperly constructed certain roofs at Water’s Edge. The complaint alleged that leaks existing in the roofs at Water’s Edge were “caused by construction and/or design defects attributable to Anden’s construction of the Water’s Edge roofs.” Complaint at ¶ 12. Anden denied allegations of defects in the roofing, noting that it could neither admit nor deny these allegations without more information from Water’s Edge. Further discovery between Anden and Water’s Edge took place in October and November. This discovery clarified the fact that one of Water’s Edge’s claims was that the roofs were defective because certain fire retardant treated plywood (“FRT plywood”) used by Anden to construct the roofs had been improperly manufactured and was itself defective. On December 6, 1989, Anden moved for leave to file a third-party complaint against numerous third-party defendants, including Hoover Treated Wood Products, Inc. (“Hoover”), the manufacturer of the FRT plywood, and Maryland Lumber Company (“Maryland Lumber”), a major supplier of the FRT plywood.
Trial commenced on April 23, 1990. On that day, Anden stipulated that most of the roofing at Water’s Edge would have to be replaced and that Anden was liable for the cost of such replacement. The only issues remaining between Water’s Edge and An-den were whether Anden was also liable for replacing five small items, including chimney caps, gutters and waterspouts, and the total amount of damages. The trial proceeded on these issues to a jury verdict awarding Water’s Edge $460,000. After this trial, Anden and the third-party defendants proceeded to trial on the issue of whether the deterioration of the FRT plywood in the roofs was attributable to defective plywood or Anden’s alleged faulty construction practices. Before completion of this second trial, the defendants reached a settlement as to liability. On May 4, 1990, Water’s Edge filed its Motion for Award of Litigation Costs Incurred to Prove Failure of Fire-Retardant-Treated Plywood. In the motion, Water’s Edge seeks attorney’s fees as well as costs, based on numerous legal theories. The Court denied the motion on June 22, 1990, but gave Water’s Edge leave to renew the motion once certain proceedings between Anden and third-party defendants Hoover and Maryland Lumber concerning Rule 11 sanctions had been completed. A hearing on Rule 11 sanctions was held on December 3 and 4, 1990, during the course of which Anden reached a settlement with Hoover and Maryland. Water’s Edge renewed its motion for attorney’s fees, which motion will be disposed of in a separate memorandum opinion. Water’s Edge also has filed
Analysis
Rule 54(d), Fed.R.Civ.P., provides, in relevant part, that “[e]xcept when express provision therefor is made either in a statute of the United States or in these rules, costs shall be allowed as of course to the prevailing party unless the court otherwise directs....” Congress has made express provision for the taxing of costs in 28 U.S.C. § 1920, which governs here and is set out in the margin.
(1) Fees of the clerk....................$120.00
(2) Fees for service of summons and complaint............................. $65.00
(3) Fees of the court reporter for transcripts of depositions, pre-trial and trial proceedings....................$7,694.00
(4) Fees for witnesses................... $260.00
(5) Fees for exemplification and copies of papers...........................$4,353.03
(6) Costs incident to taking of depositions ................................ $253.00
(7) Other Costs (trial subpoenas).........$295.00
The Anden Group makes no objection to the costs set forth in items (1), (2), (4), (6) and (7), and the Court finds that those costs should be taxed. Anden does object to the recovery of costs for transcripts of depositions and of pretrial proceedings claimed under item (3), and to certain exemplification and duplication costs claimed under item (5). The Court reviews these costs seriatim.
I. Transcripts of Depositions
Anden contends that the standard governing the taxing of deposition costs is that set forth in Sperry Rand Corp. v. A-T-O, Inc.,
Recent decisions concerning the taxability as costs of deposition transcripts reach uniform results. If the depositions were needed merely for discovery, their expense should be borne by the party taking them, as incidental to normal trial preparation. If, however, the deposition transcripts were actually introduced at trial or used for impeachment purposes, then the Court can conclude that they were “necessarily obtained for use in the case.”
Id. at 138-39, quoting 28 U.S.C. § 1920(2). Anden argues that because the deposition transcripts at issue were not introduced into evidence or used to impeach at trial, their costs should not be taxed. But An-den’s reliance on Sperry is misplaced. Sperry, to begin with, is distinguishable on its facts. Unlike the instant case, Sperry involved a matter that had gone to trial. Moreover, the Sperry court found that each deposition transcript for which Sperry sought costs “was used at trial.” Id. at 139. Not presented in Sperry is the issue presented here: whether deposition costs may be recovered where there is a merits disposition short of a full trial. Beyond this distinction, Anden also overlooks the fact that eases in this District subsequent to Sperry have been less than uniform on this issue. Compare Marcoin, Inc. v. Edwin K. Williams & Co.,
More importantly, the Fourth Circuit, since Sperry, has held, in a case involving a directed verdict for defendant at the close of the plaintiffs case, that a “district court should award costs when the taking of a deposition is reasonably necessary at the time of its taking.” La Vay Corp. v. Dominion Federal Savings & Loan Association,
Needless to say, no single, simple standard has been developed by courts to demonstrate whether depositions were reasonably necessary for preparation for trial
A deposition taken within the proper bounds of discovery, even if not used at trial, will normally be deemed to be “necessarily obtained for use in the case,” and its cost will be taxed unless the opposing party interposes a specific objection that the deposition was improperly taken or unduly prolonged.
Federal Savings and Loan Insurance Corp. v. Szarabajka,
Water’s Edge seeks costs associated with the depositions of twenty-two individuals. Twelve of the depositions appear to have been taken by Water’s Edge, and ten by Anden. A split in the authorities exists with respect to recovering costs of copies of deposition transcripts taken by another party. Many cases hold that such copies are merely “for the convenience of counsel” because counsel may use the official transcript on file with the clerk of court; other cases, fewer in number but more recent, find that such copies are necessary for trial preparation. See 6 J. Moore, W. Taggart & J. Wicker, Moore’s Federal Practice ¶ 54.77[4] at 54-428 (2d. ed. 1990). The Court is of the view that in general, and particularly in this case, “recourse by counsel to an original on file with the Clerk’s Office would have been wholly insufficient.” Principe v. McDonald’s Corp.,
Costs associated with the three remaining depositions taken by Water’s Edge should also be taxed. Krueger and Connolly were experts retained by Anden to testi- • fy as to the defective nature of the FRT plywood. Anden intended to use such testimony against third-party-defendant suppliers and manufacturers of the plywood. Water’s Edge observes that portions of one of the depositions were submitted as its pre-filed Exhibit 93, and that both depositions were necessary to memorialize the experts’ testimony in case a settlement between Anden and the third-party defendants caused the testimony to be unavailable. In view of these facts and the complexity of the case, the taking of these experts’ depositions was reasonably necessary to prepare for trial. Likewise, the taking of the deposition of Deveraux, the corporate designee of the architecture-engineering firm which designed the Water’s Edge project, was reasonably necessary for preparation for trial. A prime contention of Water’s Edge’s was that Anden’s construction of the roofs was faulty. Water’s Edge could reasonably assume that Deveraux would support a claim by Anden that the construction was not faulty and that proper trial preparation mandated obtaining Deveraux’s deposition.
Next, Anden objects to the award of costs to Water’s Edge for depositions taken by Anden. Specifically, Anden objects to costs associated with copies of the depositions of Swann, the President of the Water’s Edge unit owner’s association, LaMontagne, who performed work on the roofs at Water’s Edge’s request, Shuffle-ton, Water’s Edge’s liability expert, and Smith, Water’s Edge’s cost or damage expert. Anden claims that because these deponents were Water’s Edge’s witnesses, transcripts of the depositions were not needed for introduction at trial or for the impeachment of witnesses. Such transcripts, however, were reasonably necessary for trial preparation as they would be used by Water’s Edge in choosing the direction in which the testimony of its own witnesses should go and in limiting its witnesses’ exposure to impeachment. See, e.g., Nissho-Iwai Co. v. Occidental Crude Sales,
Finally, Anden objects to costs associated with copies of six depositions conducted by Anden of various third-party defendant witnesses who gave testimony supporting Water’s Edge’s view that Anden was liable for the roof problems. Kozak and Dozier were officers of third-party suppliers who were taking the position that Anden’s construction practices were the cause of the roof problems. Wangel, Tolies, and Dworkin were expert witnesses hired by third-party suppliers to inspect
II. Transcripts of Pretrial Proceedings
Water’s Edge requests costs totaling $450.75 for transcripts of five pretrial hearings. The “basic standard” to be applied in determining whether to tax the cost of a transcript is whether the transcript “was necessarily obtained for use in the case, that is whether it was necessary to counsel’s effective performance and proper handling of the case.” Marcoin, Inc. v. Edwin K. Williams & Co.,
the pretrial proceedings were of substantial importance to both parties ... [where] throughout the pretrial eonferenees the parties made concessions to one another, reached agreements and stipulations ... while the Court ruled on motions, objections, and proposals of the parties all to the end that the litigation be shaped fairly ... [t]here is no question that the transcript of the pretrial proceedings was reasonably necessary for an effective and proper presentation of the case.
Principe v. McDonald’s Corp.,
The first transcript is of a September 29, 1989 hearing during which Anden’s various Rule 12 threshold motions were denied. The second transcript is of a hearing during which certain of Water’s Edge’s objections to Anden’s discovery requests were overruled while portions of Water’s Edge’s motion to compel answers to interrogatories were granted. The subsequent hearing order notes that certain objections “were resolved” during the hearing and that certain aspects of the motion to compel were granted “as modified in open court.” Water’s Edge subsequently unsuccessfully appealed this order, and Anden filed a motion seeking “clarification” of this order and the issues resolved at the hearing. The order indicates that numerous issues affecting the course of future discovery were agreed upon and resolved during the hearing. Significantly, however, the order does not itself summarize the agreements reached during the hearing. The third transcript is of a November 21, 1989 hearing during which a motion to compel filed by Water’s Edge was granted and motions for clarification and to compel filed by Anden were also considered. The fourth transcript is of a December 1, 1989
With the exception of the transcript of the fourth hearing, all of the transcripts of pretrial proceedings were “necessary to counsel’s effective performance and proper handling of the case.” The specific facts of this case show that “the pretrial proceedings were of substantial importance to both parties. Without question the work done by counsel at and in preparation for pretrial conferences saved ... trial time.” Principe v. McDonald’s Corp.,
III. Exemplification Costs
Water’s Edge seeks exemplification costs associated with (i) reproducing a video tape exhibit and certain photographic exhibits and (ii) “blow-ups” or enlargements of certain photographic exhibits. The reproduction costs total $641.16 while the enlargement costs total $2,030.44. For the following reasons, the reproduction costs should be taxed while the enlargement costs should not.
Section 1920(4) provides that a court may tax “[f]ees for exemplification and copies of papers necessarily obtained for use in the case.” “The term 'Copies of papers’ has been given a broad reading to include maps, charts, graphs, photographs, motion pictures, photostats and kindred materials when necessarily obtained for use in the case...” 6 J. Moore, W. Taggart & J. Wicker, Moore’s Federal Practice ¶ 54.77[6] at 458 (2d ed. 1990). Hence, costs for copies of exhibits may be awarded where such copies were “necessarily obtained for use in the case.” Scroggins v. Air Cargo, Inc.,
The Court finds that the reproductions of the video tape and the photographs were “necessarily obtained for use in the case.” The video tape presents Water’s Edge’s chief expert witness inspecting the roof and pointing out the evidence allegedly establishing Anden’s liability. Prepared to make Water’s Edge’s case more intelligible to the jury, the video served that function, thereby saving trial time and
It is otherwise with the enlargement of photographs. Water’s Edge seeks $2,030.44 for enlargements. The invoices submitted with this item indicate that more than thirty enlargements were made and many, if not all, were dry-mounted. The invoices also indicate that the size of the enlargements was substantial.
IV. Duplication Costs
Water’s Edge seeks costs of $1,681.43 for copies of documents. Fees for “copies of papers” may be recovered if the papers were “necessarily obtained for use in the case.” 28 U.S.C. § 1920(4). In Sun Publishing Co., Inc. v. Mecklenburg News, Inc.,
Conclusion
Water’s Edge will be awarded the costs it claimed, minus the $2,030.44 claimed for photographic enlargements and the $58.00 claimed for a transcript of the December 1, 1989 hearing. The total awarded costs are therefore $10,951.59 ($13,040.03 — $2,-088.44). An appropriate order has entered.
Notes
. § 1920. Taxation of Costs.
A judge or clerk of any court of the United States may tax as costs the following:
(1) Fees of the clerk and marshall;
(2) Fees of the court reporter for all or any part of the stenographic transcript necessarily obtained for use in the case;
(3) Fees and disbursements for printing and witnesses;
(4) Fees for exemplification and copies of papers necessarily obtained for use in the case;
(5) Docket fees under section 1923 of this title;
(6) Compensation of court appointed experts, compensation of interpreters, and salaries, fees, expenses, and costs of special interpretation services under section 1828 of this title.
A bill of costs shall be filed in the case and, upon allowance, included in the judgment or decree.
. See In re Air Crash Disaster at John F. Kennedy International Airport on June 24, 1975,
. See Hudson v. Nabisco Brands, Inc.,
. A case cited with approval by the La Vay court is Schmid v. Frosch,
. See, e.g., Schmid v. Frosch,
. Sales v. Marshall,
. The four deponents were Bryant, Rosoff, Parsons and Downey.
. The depositions are of Joyce, Emanual, Cloak, Anderson, and Cesnauskis.
. Counsel for Anden contends that Sperry established a rigid two-part test for the award of pretrial hearing transcript costs: such costs should only be awarded if (i) a pretrial hearing greatly clarified issues for trial and (ii) the hearing was not clearly recounted in a subsequent order. See
. One invoice shows 5 enlargements at 18 X 30, 6 more at 25 X 40, and 1 at 17 x 22. A second invoice indicates 9 reproductions at 25 X 40, 3 at 17 x 22, and 6 at 17 x 28.
. Because the Court does not find that the enlargements at issue were "necessarily obtained for use in the case,” it does not reach the issue of whether the cost of enlargements is recoverable under § 1920(4). The few cases located that pertain to enlargements point to the applicability of § 1920(4) without reaching the issue. See Nissho-Iwai Co. v. Occidental Crude Sales, Inc.,
. Some circuits virtually require that parties seek prior court approval, pursuant to Rule 16, Fed.R.Civ.P., before incurring unusually large exemplification costs if they desire an award of such costs. See, e.g., Studiengesellschaft Kohle v. Eastman Kodak Co.,
. While there is no recent Fourth Circuit case applying § 1920(4) to copies of papers, the Sun Publishing standard is consistent with those formulated elsewhere. See State of Illinois v. Sangamo Construction Co.,
