What is the test for a motion to recover costs from Respondent Respondent to Respondent in a personal injury case?
California, United States of America
The following excerpt is from Silver v. Gold, 211 Cal.App.3d 17, 259 Cal.Rptr. 185 (Cal. App. 1989):
As the prevailing party, respondents had the right to recover costs. (Code Civ.Proc., 1032, subd. (b).) Among those items of allowable costs is the taking of "necessary depositions." (Code Civ.Proc., 1033.5, subd. (a)(3).) Citing Silver v.
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"The necessity for a deposition and for the related expenditures is a question for the trial court's sound discretion. [Citation.] The burden of proof that the deposition was unnecessary ... is on the party seeking to have that item taxed.... [Citation.]" (County of Kern v. Ginn (1983) 146 Cal.App.3d 1107, 1113, 194 Cal.Rptr. 512.) In the present case, the court below did not abuse its discretion in denying Silver's motion to tax costs.
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