Opinion
Case No. 21-CA-17
07-21-2021
RE: Roy Andermann v. Johnny Patrick Rouillier, Et Al
SUSAN M. CHEHARDY CHIEF JUDGE FREDERICKA H. WICKER JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON STEPHEN J. WINDHORST HANS J. LILJEBERG JOHN J. MOLAISON. JR. JUDGES CURTIS B. PURSELL CLERK OF COURT NANCY F. VEGA CHIEF DEPUTY CLERK SUSAN S. BUCHHOLZ FIRST DEPUTY CLERK MELISSA C. LEDET DIRECTOR OF CENTRAL STAFF To all recipients of the opinion in the above referenced case:
On May 26, 2021, an opinion was rendered in the above case. After reviewing the opinion, the following correction has been made:
Page 6 , Paragraph 1, line 9 - "expert witness to be taxed" has been changed to "expert witness fees to be taxed".
A copy of the corrected page is enclosed. Please substitute the corrected page in the opinion previously sent.
Kind Regards,
/s/
Curtis B. Pursell
Clerk of Court CBP/nfv
A. Witnesses called to testify in court only to an opinion founded on special study or experience in any branch of science, or to make scientific or professional examinations, and to state the results thereof, shall receive additional compensation, to be fixed by the court, with reference to the value of time employed and the degree of learning or skill required.
B. The court shall determine the amount of the fees of said expert witnesses which are to be taxed as costs to be paid by the party cast in judgment either:
(1) From the testimony of the expert relative to his time rendered and the cost of his services adduced upon the trial of the cause, outside the presence of the jury, the court shall determine the amount thereof and include same.
(2) By rule to show cause brought by the party in whose favor a judgment is rendered against the party cast in judgment for the purpose of determining the amount of the expert fees to be paid by the party cast in judgment, which rule upon being made absolute by the trial court shall form a part of the final judgment in the cause.
Experts are entitled to reasonable compensation for their time in court and for work done in preparation for trial. Reynolds v. Louisiana Department of Transportation, 15-1304 (La. App. 1 Cir. 4/13/16), 194 So.3d 56, 60. However, the amount actually charged by the expert does not determine the amount to be taxed as costs. Yuspeh v. Koch, 02-1179 (La. App. 5 Cir. 5/28/03), 848 So.2d 96, 98, writs denied, 03-1134 (La. 6/27/03), 847 So.2d 1277, and 03-1144 (La. 6/27/03), 847 So.2d 1279; Wampold v. Fisher, 01-808 (La. App. 1 Cir. 6/26/02), 837 So.2d 638, 640. Factors to be considered by the trial judge in setting expert witness fees to be taxed as costs include time spent testifying, time spent in preparatory work for trial, time spent away from regular duties while waiting to testify, the extent and nature of the work performed, the knowledge, attainments and skill of the expert, the helpfulness of the expert's report and testimony to the trial court, the amount in controversy, the complexity of the problem addressed by the expert, and the awards in similar cases. Yuspeh, 848 So.2d at 98-99.