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

Summary

The Court held that the pre-2014 version of rule 4-3.4(b) permitted compensation to a fact witness for case and discovery preparation only when the assistance was directly related to preparing for, attending, or testifying at proceedings. Because the trial court's unitemized cost award did not reveal which witness payments were included, the Court quashed the district court's decision on that issue and remanded for further proceedings. The Court declined to address the separate statutory issue concerning witness fees because it was outside the rephrased certified question.