D.N.M.LR-Civ. 54.2

(a) Transcripts. The cost of an original transcript of a court proceeding is taxable when

requested by a party and authorized by the Court before transcription.

(b) Deposition Costs.

(1) Reporter's Transcript Fees. The reporter's charge for the original or a copy of a

deposition transcript is taxable when the deposition is reasonably necessary to the

litigation.

(2) Reasonably Necessary to the Litigation. A deposition is reasonably necessary

to the litigation when:

(A) a substantial portion of the deposition is admitted into evidence or used at trial

for impeachment purposes;

(B) the deposition is used by the Court in ruling on a motion for summary

judgment; or

(C) the Court so determines.

(c) Witness Costs.

(1) Lay Witness.

(A) The rates for witness fees, mileage and subsistence are set by statute and are

taxable if the witness testifies at trial or at a deposition found reasonably

necessary to the litigation.

(B) The witness will be paid the smaller of:

(i) mileage for the distance from the witness's residence to court; or

(ii) the per diem rate specified by 28 U.S.C. § 1821.

(C) The request for witness costs must be itemized, separating:

• witness fees;

• mileage; and

• allowance for subsistence.

(D) A party will not receive a witness fee, mileage or allowance for subsistence.

(2) Expert Witness Fees. An expert witness fee is not taxable under 28 U.S.C.

§1920 unless the Court, sua sponte or on motion by a party, appoints the expert

and approves the fee amount. An expert witness not appointed by the Court will

be paid the same fee as a lay witness.

(d) Interpreter and Translator Fees. An interpreter's fee or translator's fee is taxable if:

(1) the cost of the witness, whose testimony is interpreted or translated, is taxable; or

(2) the translated document is admitted into evidence.

(e) Copies of Papers. The cost for copying an exhibit is taxable when the exhibit is

requested by the Court or when the copy is admitted into evidence in place of an

original.

(f) Maps, Charts, Models, Photographs, Summaries, Computations and Statistical

Summaries. The cost of a photograph, 8" x 10" in size or less, is taxable if the

photograph is admitted into evidence. The following costs are not taxable unless the

Court otherwise orders:

• photographs larger than 8" x 10";

• costs of models; or

• the cost of compiling summaries, computations or statistical comparisons.