41 F.R.D. 76 | W.D. Okla. | 1966
ORDER
The Plaintiffs herein have filed timely objections with supporting brief and affidavit to taxation of costs by the Clerk for the reason the amount of $334.10 (costs incident to taking of depositions) represents the cost of taking depositions of Plaintiffs by Defendants for discovery purposes and such taxation is not permitted. The aforesaid amount represents costs of the original copy of the depositions of the Plaintiffs and no recovery is sought for the copies. Defendants concede in their Brief in Opposition to Plaintiffs’ Motion to Retax Costs that the depositions in question were not tendered in evidence at the jury trial of this action and there was no offer of the depositions for impeachment purposes. Each of the Plaintiffs testified in his own behalf at the trial.
The Plaintiff has only objected to taxation of costs in the amount of $334.10 of a total of $356.60. Judgment having been filed in this action on May 3, 1966, the Court orders the amount of $334.10 to be taxed as costs and paid by Plaintiffs directly to Defendants, as well as that amount of the Bill of Costs to which no objection was filed.