Murphy v. Nationsbank, N.A.

Justice WALLER:

We granted a writ of certiorari to review the Court of Appeals’ decision in Murphy v. NationsBank, N.A., 354 S.C. 495, 581 S.E.2d 849 (Ct.App.2003). The Court of Appeals held that a party to an action is not entitled to mileage and a witness fee for attending a deposition. We reverse.

FACTS

Petitioner, Murphy, filed suit against Respondent, Nations-Bank (Bank), alleging Bank had filed a negative credit report against him. During discovery, Bank noticed Murphy’s deposition. Counsel notified Bank that Murphy expected a witness fee of $25.00 plus mileage. NationsBank filed a motion…