'Taxable' costs: Recent decisions under Section 1920(4)
Under Title 28, US Code Section 1920, a prevailing party may ask a judge or court clerk to tax certain enumerated expenses as costs. One category of costs is "making copies of any materials necessarily obtained for use in the case." Congress added that language in October 2008 to replace the prior version that dealt with "papers." (See updated language) Many litigants are now asking courts to "tax" a wide range of e-discovery costs under the new language.
The attached ACEDS chart shows how courts have used this discretionary power. The cases indicate that the statute is being interpreted liberally. These cases and several unreported ones will affect all litigants, attorneys and vendors. It may dampen enthusiasm for broad discovery and belie the underlying philosophy of discovery in the United States that fosters a "broad and liberal" approach.
Click here to download 1920(4) chart
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