9th U.S. Circuit Court of Appeals
Dec. 24, 2024
9th Circuit confirms expert prep fees are recoverable
The Ninth Circuit's Miller v. Sawant ruling allows recovery of expert preparation fees for depositions under Rule 26, aligning with other circuits and clarifying cost-shifting for expert discovery.
Expert discovery can be a significant cost of litigation. Expert witnesses typically charge substantial hourly rates, ranging from $250 to over $1,000 per hour, depending on their expertise and experience. More of these costs, however, can now be shifted to the opposing side.
Earlier this year, the Ninth Circuit held in Miller v. Sawant, 114 F.4th 1071 (9th Cir. 2024) that a party can recover the fees that their expert incurs when preparing for a ...
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