There is some discretion as to interpretation, and the Circuits differ in this as well. In short, if Counsel can prepare a compelling motion regarding the benefits realized and the necessity for these services or products, recovery may be granted. I have routinely seen the prep and development phase covered, and have also heard that even the presentation has been covered in some cases.
Federal Rules of Civil Procedure 54(d)(1) and 28 U.S.C. § 1920 relate to taxation of costs, but allow for a degree of interpretation of what is “reasonably necessary in the prosecution or defense of the lawsuit…”
I generally suggest that my clients handle it the same as they would with demonstrative graphics.
There are several cases cited in Modern Visual Evidence, by Gregory P. Joseph. This book is a very helpful reference and a valuable resource to those in this profession.
Here are a few case citations – the first two from the above-mentioned reference and the third shared by Cheryl Evans and Michael Arkfeld, regarding exemplification as explained by the Seventh Circuit:
“… as permitting an award of the reasonable expense of preparing maps, charts, graphs, photographs, motion pictures, photostats, and kindred materials,” including graphics services and multi-media evidence display systems.
-- Cefalu v. Village of Elk Grove, 211 F.3d 416, 427-428 (7th Cir. 2000)
-- BASF Corp. v. Old World Trading Company, No. 86 C 5602, 1992 U.S. Dist.
-- Transamerica Life Ins. Co. v. Lincoln Nat'l Life Ins. Co., 2009 U.S. Dist. LEXIS 72572, 34-36 (N.D. Iowa Aug. 17, 2009). The Court awarded costs for the consultant time and equipment costs in presenting a "multimedia" trial presentation pursuant to 28 U.S.C. § 1920.
Bottom line – get the book.
By the way, today is the first anniversary of this blawg!
Ted Brooks, President
Litigation-Tech LLC
"Enhancing the Art of Communication"
Member, American Society of Trial Consultants
Certified inData TrialDirector Trainer
415-291-9900 San Francisco
213-798-6608 Los Angeles
http://www.litigationtech.com/
tbrooks@litigationtech.com
http://trial-technology.blogspot.com/
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