What are the "allowable costs" a prevailing party can recover from an expert who has not been appointed by the court?

California, United States of America


The following excerpt is from Roman v. Smithwick, B240736 (Cal. App. 2013):

Among the "allowable costs" a prevailing party may recover are "[f]ees of expert witnesses ordered by the court." (Code Civ. Proc., 1033.5, subd. (a)(8), italics added.) The pertinent statute expressly provides "[f]ees of experts not ordered by the court" are not "allowable costs," except when expressly authorized by statute. (Id., subd. (b)(1); see Olson v. Automobile Club of Southern California (2008) 42 Cal.4th 1142, 1149 ["Section 1033.5, subdivision (b)(1) provides that, unless expressly authorized by law, the fees of experts not appointed by the court are not allowable as costs."].)

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