Legal Opinion
Barrett v. Singer Co.
Ohio Supreme Court
Decided October 31, 1979No. 78-1544PublishedCited by 32 opinions
1Opinion of the CourtLocher, J.
The sole issue to be resolved in this cause is whether the expense of videotape depositions which are not used as evidence at trial shall be taxed as costs in the action or must be borne by the party taking such depositions.
Ohio case law has formulated the policy that depositions taken de bene esse, but not actually used at trial, shall not be taxed as a cost of the action.
In Fairchild v. Lake Shore Elec. Ry. Co. (1920), 101 Ohio St. 261, this court stated, in paragraph three of the syllabus, that:
“***Either party may take depositions while error proceedings are pending in a reviewing court…
2Cases cited4 opinions
- Long v. StrausIndiana Supreme Court · 1890
- Thornton v. Mid America Finance & Loan Co.Ohio Court of Appeals · 1964
- Searles v. Union Cent. L. Ins. Co.Ohio Court of Appeals · 1936
- Miranda v. DuganTrumbull County Court of Common Pleas · 1955
3Cited by32 opinions
- Galowich v. Beech Aircraft Corp.Illinois Supreme Court · 1982
- Jones v. PiersonOhio Court of Appeals · 1981
- Amerifirst Savings Bank of Xenia v. KrugOhio Court of Appeals · 1999
- Vanguard Transportation Systems, Inc. v. Edwards Transfer & Storage Co.Ohio Court of Appeals · 1996
- Hagemeyer v. SadowskiOhio Court of Appeals · 1993
27 more not listed; retrieve them via the Exa API.