Trial Practices, Inc., Petitioner v. Hahn Loeser & Parks, LLP

Summary

The court held that the pre-2014 version of rule 4-3.4(b) permits payments to a fact witness for case and discovery preparation only when the work is directly related to preparing for, attending, or testifying at proceedings. Because the record did not establish which witness payments were included in the unitemized cost award, the court quashed the decision on that issue and remanded for further proceedings. The court declined to address issues concerning the separate statutory witness-fee provision because they were outside the rephrased certified question.