Current through the 2023 Legislative Sessions
Section 28-26-06 - Disbursements taxed in judgmentIn all actions and special proceedings, the clerk of district court shall tax as a part of the judgment in favor of the prevailing party the following necessary disbursements:
1. The legal fees of witnesses; sheriffs; clerks of district court; the clerk of the supreme court, if ordered by the supreme court; process servers; and of referees and other officers;2. The necessary expenses of taking depositions and of procuring evidence necessarily used or obtained for use on the trial;3. The legal fees for publication, when publication is made pursuant to law;4. The legal fees of the court reporter for a transcript of the testimony when such transcript is used on motion for a new trial or in preparing a statement of the case; and5. The fees of expert witnesses. The fees must be reasonable fees as determined by the court, plus actual expenses. The following are nevertheless in the sole discretion of the trial court: a. The number of expert witnesses who are allowed fees or expenses;b. The amount of fees to be paid such allowed expert witnesses, including an amount for time expended in preparation for trial; andc. The amount of costs for actual expenses to be paid the allowed expert witnesses.