Unif. R. Ch. Ct. 501

(a) Civil cases. —

(1) Filing of Certificate of Costs. — Within 20 days after entry of the final

judgment allowing costs to the prevailing party, a certificate of costs shall be

filed and copy served upon opposing counsel. The certificate shall be

itemized. For witness fees, the certificate shall contain:

(A) The name of the witness;

(B) Place of residence, or the place where subpoenaed, or the place to

which the witness voluntarily traveled without a subpoena to attend;

(C) The number of full days or half days the witness actually testified in

court;

(D)

The number of days or half days the witness traveled to and from

the place of trial;

(E)

The exact number of miles traveled;

(F)

The manner of travel, air, railroad, bus or private vehicle; and,

(G)

If common carrier transportation is used, the price of an economy

fare.

(2) Objections to Certificate of Costs. — If no objections are served within

10 days after service of the certificate of costs, the costs shall be taxed as set

forth in the certificate of costs. If objections are filed, the court shall consider

the objections and tax costs. A hearing may be provided at the discretion of

the court.

(3) Allowable Costs

(A) Filing fees and fees for services of process. (Wyo. Stat. Ann. §

18-3-608 sets forth sheriff fees.)

(B) Witness fees.

(i) Witness fees are allowed at the rate of $30.00 per day and $15.00

per half day necessarily spent traveling to and from the proceeding and

in attendance at the proceeding. Mileage is allowed at the rate of $.23

per mile, not to exceed the costs of common carrier transportation rates.

(ii) Expert witness fees shall be allowed at the rate of $25.00 per day

or such other amount as the court may allow according to the circumstances of the case. If the amount allowed constitutes a higher hourly

rate than $25.00 per day, this higher amount is allowable only for the

time that the expert witness actually testified. Time charged in preparation for providing testimony and/or standing by awaiting the call to

give testimony is not allowable as costs, except at the rate of $25.00 per

day.

(C) Reporter fees. The $45.00 fee is a taxable cost. Transcripts of

proceedings, such as motion hearings, pretrial conferences, etc., prepared

at the request of a party in anticipation of trial are not taxable as costs

unless such matters become part of the record on appeal.

(D) Costs of depositions.

(i) Costs of depositions are taxable if reasonably necessary for the

preparation of the case for trial. A deposition is deemed reasonably

necessary if:

(I) Read to the court as provided in Rule 32(a)(3), W.R.C.P.Ch.C.;

(II) Used at trial for impeachment concerning a material line of

testimony (impeachment on a collateral issue does not fall within the

scope of this rule);

(III) Necessarily, and not merely conveniently, used to refresh the

recollection of a witness while on the stand; or,

(IV) Was taken at the request of a nonprevailing party.

The foregoing are meant to provide guidelines, and are not exhaustive. The use of depositions for trial preparation alone does not justify

the imposition of costs.

(ii) Reporters fees for depositions. Actual, ordinary reporting fees will

be allowed. Extra costs for expediting transcripts or daily copy costs will

not be allowed, except as authorized by an order entered prior to the

date such costs are to be incurred. Reporters’ travel, per diem expenses

and appearance fees will not be taxed as costs.

(iii) Fees and expenses of counsel. Fees and expenses of counsel for

traveling to and attending depositions are not taxable as costs.

(E) Copies of papers. Duplicating costs necessarily incurred for documents admitted into evidence shall be allowed. Duplication costs for

documents for counsel’s own use are not allowable.

(F) Exhibits received in evidence. The expense of preparing exhibits

received in evidence, including 8 by 11 photographs (but not enlarge-

ments) videotapes, models and other demonstrative evidence are allowable as taxable costs at the discretion of the court.

(4) Other Costs Not Enumerated. — These rules do not preclude the award

of other costs not enumerated herein if otherwise allowable under law; nor

do they require the award of costs as they may be denied altogether if the

court, through the exercise of its discretion, so determines. Moreover, to the

extent that Wyo. Stat. Ann. § 1-14-125 limits costs, that statute is controlling. However, costs associated with the offer of judgment rule, i.e. Rule 68,

W.R.C.P.Ch.C., must be awarded.

(5) Apportionment. — All costs may be apportioned among some or all of

the nonprevailing parties as the court may determine.