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GENERAL RULES OF PRACTICE

Rule 127.Expert Witness Fees

The amount allowed shall be in such amount as is deemed reasonable for such services in the community where the trial occurred and in the field of endeavor in which the witness has qualified as an expert. No allowance shall be made for preparation or in conducting of experiments outside the courtroom by an expert.

Cross Reference: Minn. R. Civ. P. 54.

(Amended effective July 1, 2010.)

Task Force Comment - 1991 Adoption

This rule is derived from Rule 11 of the Code of Rules for the District Courts.

Advisory Committee Comment - 2010 Amendment

This rule is amended to remove the $300 limit on expert fees contained in the former rule. This change is part of the new procedure established for taxation of expert costs established by amendment of Minn. R. Civ. P. 54.04 in 2010. The rule allows taxation of costs by either the court administrator or district court judge, and there is no reason to continue a rule that limits the amount the court administrator can order, thereby making a two-step taxation process inevitable. The $300 limit in the former rule also had not been changed for several decades, so was unduly miserly in the 21st century.