Trial Practices, Inc. v. Hahn Loeser & Parks, LLPAnnotate this Case
The Supreme Court accepted a question certified to it by the Second District Court of Appeal as to whether the pre-2014 version of Rule Regulating the Florida Bar 4-3.4(b) prevents the prevailing party in the underlying case from taxing as costs certain payments made to fact witnesses, answering that the party here was not permitted to pay a fact witness for the witness’s assistance with case and discovery preparation that was not directly related to the witness preparing for, attending, or testifying at proceedings.
Rule 4-3.4(b) addresses witness payments and the prohibition against offering inducements to witnesses. In this dispute over the recoverable amount of prevailing party fees and costs, the Second District concluded that payments made to fact witnesses for their “assistance with case and discovery preparation” were permitted under rule 4-3.4(b) and were thus recoverable. The Supreme Court accepted certification and held (1) Rule 4-3.4(b) permits a party to pay a fact witness for the witness’s assistance with case and discovery preparation that is directly related to the witness preparing for, attending, or testifying at proceedings; and (2) this case must be remanded because it is unclear which witness payments were included in the trial court’s cost award.