Super. Oct. 16, 2002); Cimino v.. Cherry, 2001 WL 589038, at *2 (Del. Super. May 24, 2001); and Cubberly v. Orr, 1995 WL 654144, at *2 (Del. Super. ).
This Court has previously held that awarding costs for the videotaping of a deposition introduced at trial and the preparation of the transcript are duplicative; therefore, both are not permitted as recoverable costs. Cimino v. Cherry, 2001 WL 589038, at *2 (Del. Super. May 24, 2001) (citing Bejger v. Shreeve, 1997 WL 524057, at *3 (Del. Super. Apr. 15, 1997) and Cubberly v. Orr, 1995 WL 654144, at *2 (Del. Super. Oct. 24, 1995)). B. Defense Expert Witnesses
See Super. Ct. Civ. R. 54(f)("The fees paid court reporters for the Court's copy of transcripts of depositions shall not be taxable costs unless introduced into evidence..."). Cimino v. Cherry, 2001 WL 589038, at *2 (Del. Super. May 24, 2001)(quoting Cubberly v. Orr, 1995 WL 654144, at *2 (Del. Super. Oct. 24, 1995). V. Conclusion
52 total to repay Defendants for Dr. Siepser's, Dr. Trattler's, and Mr. Grogan's fees. Cimino v. Cherry, 2001 WL 589038, at *2 (Del. Super. May 24, 2001) (quoting Deardoff Assocs., Inc. v. Paul, 2000 WL 1211077, at *1 (Del. Super. Apr. 27, 2000)) (footnotes omitted). 10 Del. C. § 8906; Cimino, 2001 WL 589038, at *1.
Therefore, the plaintiff may recover the costs for "videotaping setup" and "VHS Master from DV" totaling $385. Plaintiffs may not recover costs for the deposition transcript because it was not entered into evidence. Lockwood, 2006 Del. Super. LEXIS 324, at *4; Kerr v. Onusko, 2004 Del. Super. LEXIS 366, at *5; Cimino v. Cherry, 2001 Del. Super. LEXIS 181, at *9 (cites omitted).Midcap, Del. Super. C.A. No. 01C-03-042.
Fees for "orientation" or consulting or advising a party during trial are not recoverable, nor are any activities in preparation for trial. Cimino v. Cherry, 2001 WL 589038, at *2 (Del.Super.Ct. May 24, 2001). Defendant has provided invoices from those expert witnesses who testified in this case.
Gress v. Viola, 2007 WL 1748657, *2 (Del.Super.) citing Cimino v. Cherry, 2001 Del. Super. LEXIS 181, *9. Defendants also contest Plaintiffs' application for costs regarding the transcript of Dr. Piccioni's trial deposition (i). Dr. Piccioni was an expert retained by the Defendants. Dr. Piccioni's trial testimony was proffered by way of reading-in the Expert's deposition and the transcript was offered into evidence by the Defendant.
Finally, the costs for editing the video are not taxable costs, reducing the amount to $330 for the video deposition of Dr. Mark. Cimino v. Cherry, 2001 Del. Super. LEXIS 181, *9 ( citing Cubberly v. Orr, 1995 Del. Super. LEXIS 469, *6 and Bejger v. Shreeve, 1997 Del. Super. LEXIS 306, *11). 7. Therefore, fees and costs are awarded in the amount of $7,649.
Thus, the amount requested by the plaintiff will be further adjusted as to the transcript fee of $296.32. Cimino v. Cherry, 2001 Del. Super. LEXIS 181, at * 9 ( citing Cubberly v. Orr, 1995 Del. Super. LEXIS 469, at * 6 and Bejger v. Shreeve, 1997 Del. Super. LEXIS 306, at * 11). 7. The plaintiff has requested reimbursement for photocopying of medical records.
Thus the amount requested by the plaintiff will be adjusted as to the transcript fee of $126. Cimino v. Cherry, 2001 Del.Super. LEXIS 181, *9 ( citing Cubberly v. Orr, 1995 Del.Super.LEXIS 469, *6 and Bejger v. Shreeve, 1997 Del.Super. LEXIS 306, *11). Therefore, the plaintiff's motion is granted in part and denied in part.