In re Illusions Holdings, Inc.
United States District Court for the Southern District of New York
210 F.Supp.2d 248 (2000)
Commercial diver Steven Wagner (plaintiff) was injured using diving equipment aboard a vessel owned by Illusions Holdings (defendant) and sued for his injuries, with the pretrial order confirming the parties' agreement that Dr. Alan Shulman — who managed the vessel's maintenance and personally purchased and inspected its diving equipment — would testify for Illusions. Wagner objected to two other witnesses at trial but not to Shulman, and after the jury found for Illusions and the court granted it statutory exoneration from liability, the clerk billed costs including Shulman's travel to Wagner, who moved to eliminate or reduce that charge as unnecessary.
If a witness provides necessary and relevant evidence for the prevailing party, may the court assess the witness's costs against the losing party?