Magbuhat v. Kovarik

MILLER, Justice (on reassignment).

This appeal deals with taxation of costs in a civil action. We hold that a trial court is not permitted to tax the costs of the transcript from a former trial but may tax costs for copies of depositions taken by an adverse party. We affirm in part and reverse and remand in part.

FACTS

Richard A. Kovarik, M.D., Norman D. Neu, M.D., and Rapid City Regional Hospital (appellants) appeal from an order in which the trial court refused to tax the costs of a trial transcript and copies of certain depositions.

The underlying lawsuit giving rise to this appeal was a…