§607-9  Cost charges exclusive;
disbursements.  No other costs of court shall be charged in any court in
addition to those prescribed in this chapter in any suit, action, or other
proceeding, except as otherwise provided by law.



All actual disbursements, including but not
limited to, intrastate travel expenses for witnesses and counsel, expenses for
deposition transcript originals and copies, and other incidental expenses,
including copying costs, intrastate long distance telephone charges, and
postage, sworn to by an attorney or a party, and deemed reasonable by the
court, may be allowed in taxation of costs.  In determining whether and what
costs should be taxed, the court may consider the equities of the situation.
[RL 1935, pt of §3791; am L 1939, c 19, pt of §1; RL 1945, §9749; RL 1955,
§219-9; HRS §607-9; am L 1972, c 88, §5(n); am L 1989, c 4, §1]



 



Cross References



 



  Taxation of costs, see §§607-12 to 16.



 



Rules of Court



 



  Taxation of costs, see HRCP rule 54(d).



  Costs of previously dismissed action, see HRCP rule 41(d).



  District courts, see DCRCP rule 54(d).



 



Case Notes



 



  Determination of reasonable disbursements rests in discretion
of trial judge.  39 H. 482, 487.



  Time for taxation of costs.  See HRCP rule 58; 49 H. 311,
313, 417 P.2d 636.



  Costs of copies of depositions not allowable.  59 H. 319, 582
P.2d 710.



  Under circumstances of case, court did not exceed bounds of
reason or disregard principles of law or practice to substantial detriment of
defendants in awarding taxable costs.  86 H. 214, 948 P.2d 1055.



  As §607-13 specifically addresses awarding of traveling
expenses to a prevailing defendant, it controls over this general statute;
defendant's traveling expenses thus limited to that mandated in §607-13.  88 H.
46, 961 P.2d 611.



  Costs incurred after conclusion of circuit court proceeding,
solely for purpose of preparing motion for reimbursement of costs already
incurred, are not themselves taxable costs.  88 H. 46, 961 P.2d 611.



  When costs are awardable to a prevailing party under HRCP
Rule 54(d) and a particular taxable cost is allowed by statute or precedent,
then actual disbursements for this purpose are presumptively reasonable; the
adverse party has the burden of challenging the reasonableness of a particular
cost request; in the absence of a challenge to a particular request, no abuse
of discretion for court to award cost requested as cost presumptively
reasonable.  88 H. 46, 961 P.2d 611.



  Reading this section and HRCP rule 68 in pari materia, the
term "costs" in rule 68 refers to all actual disbursements deemed
reasonable by the court.  89 H. 292, 972 P.2d 295.



  Under this section, a prevailing party is entitled to recover
for intrastate long distance telephone charges, postage, and other incidental
expenses--such as facsimile expenses--deemed reasonable by the court.  96 H.
327, 31 P.3d 184.



  Where a prevailing party has "obtained" "a
final judgment" "against the State", the court may award the
prevailing party its "actual disbursements" pursuant to §607-24 and
this section, and HRAP rule 39.  110 H. 269, 132 P.3d 378.



  As decision to award costs is discretionary and the trial
court "may", but need not, "consider the equities of the
situation", trial court did not abuse discretion in refusing to grant
plaintiffs' motion to disallow costs awarded to defendants as prevailing
parties.  112 H. 3, 143 P.3d 1205.



  This section is not an exclusive list; thus, trial court did
not abuse discretion in awarding the cost of photo enlargements.  However,
messenger fees are not taxable costs and should have been excluded from amount
awarded.  110 H. 204 (App.), 130 P.3d 1069.



  Specified costs and expenses disallowed.  2 H. App. 400, 633
P.2d 556.



  Where writ of attachment has not been discharged, whether
charges for the attachment bond is allowable cost is governed by this section
and Rule 54(d), HRCP.  3 H. App. 89, 641 P.2d 989.



 



Attorney's fees.



  In divorce or separation suits.  5 H. 175; 19 H. 463, 466; 30
H. 61.  In equity cases.  17 H. 489; cf. 10 H. 462; 13 H. 237; 13 H. 328 (decided
before 1905 Am.).  On appeal.  22 H. 20; cf. 16 H. 635.  Effect of
discontinuance.  7 H. 3.  Of nonsuit.  21 H. 408.  Of dismissal for failure to
give security for costs.  19 H. 258.  Whether classed as "costs".  21
H. 368; cf. 16 H. 635; 33 H. 456; 39 H. 448.  Attorney conducting own case.  16
H. 803.  Counsel fees on dissolution of temporary injunction.  21 H. 368. 
Considered.  42 H. 490; 44 H. 147, 335 P.2d 40; 44 H. 297, 353 P.2d 820; 44 H.
365, 355 P.2d 40; 46 H. 475, 382 P.2d 920.  Fees of foreign attorney taking
deposition.  49 H. 311, 417 P.2d 636.  Against the government.  2 U.S.D.C. Haw.
210, 213.



  Ordinarily attorney's fees not allowed as damages or costs
where not so provided by statute, stipulation or agreement.  56 H. 11, 530 P.2d
7.



  Travel and subsistence expenses of counsel in taking
depositions not allowable as costs.  59 H. 319, 582 P.2d 710.



 



Bond premium.



  On new trial bond.  31 H. 352.



 



Costs and expenses of attorneys.



  Attorney intrastate travel expenses for depositions are allowable
as taxable costs and should be awarded if deemed reasonable by the court.  88
H. 46, 961 P.2d 611.



  Expenditures for parking, rental car, and gas are within
scope of intrastate travel expenses and presumptively recoverable; hotel
expenses reasonable only if necessary due to the scheduling of court
proceedings or depositions but should not be allowed for convenience of
counsel.  88 H. 46, 961 P.2d 611.



  Routine expenses related to operating law practice generally
not taxable costs; party would have to show compelling rationale for court to
grant "office supplies" expense; meals also not taxable costs.  88 H.
46, 961 P.2d 611.



  Although expenditures for airfare, parking, rental car, and
gas clearly fall within this section’s "intrastate travel expenses"
category, meals are not taxable costs and should have been deducted from
attorney’s award of costs for travel expenses.  114 H. 202, 159 P.3d 814.



  Trial court did not abuse its discretion in awarding attorney
costs for "messenger services" where it was reasonable for trial
court to have allowed a portion of the cost for the expense of mailing the
numerous filings from Oahu to Hawaii, the trial court had actually reduced the
amount of the requested costs, and despite having detailed itemized invoice
information for these services, defendants did not provide any evidence that
any specific delivery costs were unnecessary or unreasonable.  114 H. 202, 159
P.3d 814.



  Trial court did not abuse its discretion in awarding attorney
court reporter expenses where, despite having detailed itemized invoice
information for this service, defendants only made a general objection and did
not indicate which of the depositions were unreasonably obtained or
unnecessary;  defendants thus failed to carry their burden of showing that the
trial court abused its discretion.  114 H. 202, 159 P.3d 814.



  Lawyers' disbursements for using WESTLAW are expenses
included within attorney fees and are not taxable costs.  81 H. 105 (App.), 912
P.2d 602.



  Reasonable disbursements for FAX transmissions are taxable
costs.  81 H. 105 (App.), 912 P.2d 602.



 



Discontinuance.



  Effect on power to tax costs.  31 H. 147.  On attorney's
fees.  7 H. 3.



 



Equity.



  Discretion of trial judge.  17 H. 326.  Expenses and
compensation of master.  21 H. 428.  Attorney's fees, see above.



 



On appeal.



  Transcript of evidence.  20 H. 467; 21 H. 166; cf. 21 H. 462;
29 H. 853 (where agreement to share cost); 32 H. 67 (prepared from day to
day).  Unnecessary portions of record.  21 H. 166; 21 H. 462; 22 H. 753, 757,
aff'd 239 F. 836; 24 H. 426.  Expense of comparing, certifying and typing
record.  21 H. 166.  Party prevailing on appeal entitled to.  21 H. 462.  As to
attorney's fees or commissions.  16 H. 635; 22 H. 20.  Costs paid by defendant
on plaintiff's successful appeal to U.S. supreme court where defendant finally
prevailed in litigation.  19 H. 179.



 



"Petition, plea or paper".



  Includes original exhibits and certified copies and other
documents.  20 H. 467.  Applies to supreme court.  20 H. 467.



 



Separate bills.



  19 H. 258.



 



Sheriff's fees.



  Auctioneer's expenses or commissions.  4 U.S.D.C. Haw. 137,
139.  Travel fees of marshal or sheriff for serving a summons or other process
(except a subpoena) are taxable.  11 H. 188.



 



Witness fees.



  Witness fees taxable as costs even though subpoena served by
officer not authorized.  20 H. 203, 214.  If witness fees not taxable under
§607-12, not taxable in part as "actual disbursements" under this
section.  31 H. 177.



  Expert witness fees not taxable.  51 H. 346, 461 P.2d 140.



  Travel and subsistence expenses of out-of-state witnesses. 
59 H. 319, 582 P.2d 710.



 



Cited.



  29 H. 250, 255; 57 H. 378, 557 P.2d 788.