Opinion
No. CV 03 0082610 S
April 12, 2007
MEMORANDUM OF DECISION RE MOTION #173, MOTION TO SET REASONABLE FEE
The defendant moves for an Order establishing a reasonable fee for the deposition of Raymond Cox, M.D.
The defendant asserts that the deponent was obtained through an expert witness service called Pennsylvania Physicians for Legal Review, Inc.
The deponent Raymond Cox, M.D. is seeking a deposition fee of four thousand five hundred dollars. ($4,500.00) for up to four (4) hours of testimony and eight hundred dollars ($800.00) per hour for each additional hour. He furthermore is requesting payment of the four thousand five hundred dollars ($4,500.00) three to four weeks in advance of the deposition.
Discussion
Practice Book § 13-4(3) provides that: "Unless manifest injustice would result, (A) the judicial authority shall require that the party seeking discovery pay the expert a reasonable fee for time spent in responding to discovery under subdivisions (1)(B) and (2) of this rule . . ." No Connecticut appellate authority gives guidance as to how a court should determine whether such a fee is reasonable. Rose v. Jolly, 48 Conn.Sup. 606, 607, 854 A.2d 824 (2004) ( 37 Conn. L. Rptr. 495). Connecticut courts have looked for guidance to the federal courts' interpretations of Rule 26(b)(4)(C) of the Federal Rules of Civil Procedure, the federal counterpart to Practice Book § 13-4(3). Id. "In determining whether a fee request pursuant to Rule 26(b)(4)(C) is reasonable, [the federal] courts consider [the following] criteria: (1) [T]he witness's area of expertise; (2) the education and training required to provide the expert insight that is sought; (3) the prevailing rates of other comparably respected available experts; (4) the nature, quality, and complexity of the discovery responses provided; (5) the fee actually charged to the party who retained the expert; (6) fees traditionally charged by the expert on related matters; and (7) any other factor likely to assist the court in balancing the interest implicated by Rule 26. Ultimately, however, it is in the court's discretion to set an amount that it deems reasonable." (Internal quotation marks omitted.) Id. A party may file a motion for the court to determine a reasonable fee for the expert witness' testimony. See Beckett v. Waterbury Hospital, Superior Court, Complex Litigation Docket at Waterbury, Docket No. X01 CV 00 0159614 (October 23, 2002, Hodgson, J.) ( 33 Conn. L. Rptr. 356).
As to the Hourly Rate
The expert is seeking an hourly rate of one thousand one hundred and twenty-five dollars ($1,125.00). The plaintiff has not presented this court with any specific information regarding how the subject expert set the one thousand one hundred and twenty-five dollars ($1,125.00) per hour rate. Additionally the plaintiff has not submitted any evidence concerning the nature, quality, and complexity of the expert's testimony.
The court determined this number by dividing the requested $4,500.00 for the first four hours by four.
The court does not have any evidence before it regarding the hourly rate the plaintiff's expert normally charges his clients or how many clients he would normally see during the time set for his deposition.
Lastly, the defendant has informed this Court that its ob/gyn expert is charging them four hundred and fifty dollars ($450.00) per hour and that its fertility expert is charging the defendant three hundred and fifty dollars ($350.00) per hour.
The parties are asking this court to intervene and determine whether a proposed expert witness fee is reasonable, but they provide little information for the court to make such a decision. In order for the court to determine whether the rate is reasonable it would have liked to have more of the type data that was discussed above. However, based on the information that it does have, this court finds that the requested hourly rate of one thousand one hundred and twenty-five dollars ($1,125.00) for the first four hours and eight hundred dollars ($800.00) hour is not reasonable and sets an hourly rate of six hundred dollars ($600.00) per hour for the deposition of this expert.
As to Pre-payment
The defendant shall tender payment for the expert's fees for the deposition within one week of the commencement of the deposition.
Conclusion
The defendant's motion to set a reasonable expert's fee is granted. The expert witness fee shall be six hundred dollars ($600.00) per hour and said fee shall be paid by the defendant within one week of the commencement of the deposition.
MEMORANDUM OF DECISION RE MOTION #171, MOTION TO SET REASONABLE FEE
On January 16, 2007 the defendant filed the instant motion. The motion provides in pertinent part that the defendant moves for an Order establishing a reasonable fee for the deposition time of Dr. Mitchell Chere, the plaintiff's ob/gyn expert. The defendant states that on or about December 6, 2006, Dr. Chere submitted an invoice for his September 7, 2006 deposition requesting payment for seven (7) hours at six hundred dollars ($600.00) per hour for a total of four thousand two hundred dollars ($4,200.00). The defendant asserts that the deposition lasted three and one-half (3 1/2) hours. Additionally, Dr. Chere seeks travel time for his travel from Waterbury to Ridgefield.
Discussion
Practice Book § 13-4(3) provides that: "Unless manifest injustice would result, (A) the judicial authority shall require that the party seeking discovery pay the expert a reasonable fee for time spent in responding to discovery under subdivisions (1)(B) and (2) of this rule . . ." No Connecticut appellate authority gives guidance as to how a court should determine whether such a fee is reasonable. Rose v. Jolly, 48 Conn.Sup. 606, 607, 854 A.2d 824 (2004) ( 37 Conn. L. Rptr. 495). Connecticut courts have looked for guidance to the federal courts' interpretations of Rule 26(b)(4)(C) of the Federal Rules of Civil Procedure, the federal counterpart to Practice Book § 13-4(3). Id. "In determining whether a fee request pursuant to Rule 26(b)(4)(C) is reasonable, [the federal] courts consider [the following] criteria: (1) [T]he witness's area of expertise; (2) the education and training required to provide the expert insight that is sought; (3) the prevailing rates of other comparably respected available experts; (4) the nature, quality, and complexity of the discovery responses provided; (5) the fee actually charged to the party who retained the expert; (6) fees traditionally charged by the expert on related matters; and (7) any other factor likely to assist the court in balancing the interest implicated by Rule 26. Ultimately, however, it is in the court's discretion to set an amount that it deems reasonable." (Internal quotation marks omitted.) Id. A party may file a motion for the court to determine a reasonable fee for the expert witness' testimony. See Beckett v. Waterbury Hospital, Superior Court, Complex Litigation Docket at Waterbury, Docket No. X01 CV 00 0159614 (October 23, 2002, Hodgson, J.) ( 33 Conn. L. Rptr. 356).
The invoice submitted by the expert indicates that Dr. Chere he is seeking to be paid for professional services that were rendered on September 7, 2006. The invoice specifically says: "Travel and Deposition 7 hours @ $600.00 per hour. Total $4,200.00"
The defendant submitted the cover sheet and last page of the deposition. The documents indicate that the deposition commenced at 1:30 p.m., on September 7, 2006 and ended at 5:02 p.m. that same date. Only three hours and thirty-two minutes had lapsed from the time that the deposition commenced until the time that it ended.
As to the billing rate of six hundred dollars per hour, the court does not find the amount to be unreasonable. As to the travel time, under the circumstances presented in this particular instance, the court finds the charge to be unreasonable. At oral argument the defendant informed the court that the deposition took place in Ridgefield instead of Waterbury (The location of the witness's office.) due to the plaintiff's counsel's request. The plaintiff did not dispute this assertion. In light of this fact the court finds that it would be unreasonable to charge the defendant for the travel time.
As the court previously stated, the actual length of the deposition was approximately 3 1/2 hours. Apparently the deponent added his travel time to the deposition time to come up with the seven-hour total.
Conclusion
In light of the foregoing the court sets the hourly fee for the expert's deposition testimony at six hundred dollars ($600.00) per hour. The payment shall be limited to the actual time spent at the deposition.
MEMORANDUM OF DECISION RE MOTION #174, MOTION TO SET REASONABLE FEE
The defendant moves for an Order establishing a reasonable fee for the deposition of Dr. Barnhart and Dr. McGowan.
The defendant asserts that the deponents were obtained through an expert witness service called Pennsylvania Physicians for Legal Review, Inc.
The deponent Dr. Barnhart is seeking a deposition fee of eight hundred dollars ($800.00) per hour. The deponent Dr. McGowan is seeking a deposition fee of three thousand five hundred dollars ($3,500.00) for up to four (4) hours of testimony and eight hundred dollars ($800.00) per hour for each additional hour. Both deponents are seeking payment in advance.
Discussion
Practice Book § 13-4(3) provides that: "Unless manifest injustice would result, (A) the judicial authority shall require that the party seeking discovery pay the expert a reasonable fee for time spent in responding to discovery under subdivisions (1)(B) and (2) of this rule . . ." No Connecticut appellate authority gives guidance as to how a court should determine whether such a fee is reasonable. Rose v. Jolly, 48 Conn.Sup. 606, 607, 854 A.2d 824 (2004) ( 37 Conn. L. Rptr. 495). Connecticut courts have looked for guidance to the federal courts' interpretations of Rule 26(b)(4)(C) of the Federal Rules of Civil Procedure, the federal counterpart to Practice Book § 13-4(3). Id. "In determining whether a fee request pursuant to Rule 26(b)(4)(C) is reasonable, [the federal] courts consider [the following] criteria: (1) [T]he witness's area of expertise; (2) the education and training required to provide the expert insight that is sought; (3) the prevailing rates of other comparably respected available experts; (4) the nature, quality, and complexity of the discovery responses provided; (5) the fee actually charged to the party who retained the expert; (6) fees traditionally charged by the expert on related matters; and (7) any other factor likely to assist the court in balancing the interest implicated by Rule 26 . . . Ultimately, however, it is in the court's discretion to set an amount that it deems reasonable." (Internal quotation marks omitted.) Id. A party may file a motion for the court to determine a reasonable fee for the expert witness' testimony. See Beckett v. Waterbury Hospital, Superior Court, Complex Litigation Docket at Waterbury, Docket No. X01 CV 00 0159614 (October 23, 2002, Hodgson, J.) ( 33 Conn. L. Rptr. 356).
As to the Hourly Rate
Dr. Barnhart is seeking an hourly rate of eight hundred dollars per hour for his deposition testimony and Dr. McGowan is seeking eight hundred and seventy-five dollars per hour for his. The plaintiff has not presented this court with any specific information regarding how the experts set their hourly rates. Additionally the plaintiff has not submitted any evidence concerning the nature, quality, and complexity of the expert's testimony.
The court determined this number by dividing the requested $3,500.00 for the first four hours by four.
The court does not have any evidence before it regarding the hourly rate the plaintiff's experts normally charges their clients or how many clients they would normally see during the time set for his deposition.
Lastly, the defendant has informed this Court that its ob/gyn expert is charging them four hundred and fifty dollars ($450.00) per hour and that its fertility expert is charging the defendant three hundred and fifty dollars ($350.00) per hour.
The parties are asking this court to intervene and determine whether a proposed expert witness fee is reasonable, but they provide little information for the court to make such a decision. In order for the court to determine whether the rate is reasonable it would have liked to have more of the type data that was discussed above. However, based on the information that it does have, this court finds that the requested hourly rates are unreasonable and sets an hourly rate of six hundred dollars ($600.00) per hour for the deposition of these experts.
As to Pre-payment
The defendant shall tender payment for the expert's fees for the deposition within one week of the commencement of the deposition.
Conclusion
The defendant's motion to set a reasonable expert's fee is granted. The expert witness fee shall be six hundred dollars ($600.00) per hour and said fee shall be paid by the defendant within one week of the commencement of the deposition.