Commonwealth Transportation Commission v. Coffey

By Judge Rosemarie Annunziata

This matter is before the Court on defendant’s motion to recover expert witness fees associated with discovery in the parties’ eminent domain suit. Defendant contends that Virginia Supreme Court Rule 4:1(b)(4)(D) allows for recovery of all expenses incurred by the condemnee’s expert in the course of preparing responses to discovery initiated by the Commonwealth, including the expenses incurred in developing the expert’s work product.

Rule 4:1(b)(4)(D) requires that “the condemnor in eminent domain proceedings, when it initiates discovery, shall pay all costs…