Rule 54-I.Witness Fees; Costs of Depositions, Transcripts, and Bonds
Group VII: Judgment · Not amended since adoption on record · Last verified July 14, 2026
Full Text of Rule 54-I
Plain-English Summary
Rule 54-I(a) makes proving a witness's attendance a matter of paperwork and timing: the attorney of record certifies attendance in the form prescribed by CA Form 104, serves that certificate on the opposing party or counsel, and files it within 5 days after the entry of a final order or judgment. Miss that window, and the witness fees can't be taxed or recovered as costs at all. Any party then has 5 days after the certificate is served to move to amend or strike it, giving both sides a chance to correct the record before the fee award is locked in.
Rule 54-I(b) covers a different set of costs — depositions, reporters' transcripts on appeal, and bond premiums — and leaves taxing them entirely to the trial court's discretion. Unlike the witness-fee certificate, there's no fixed procedure or deadline; the party seeking these costs has to persuade the court they belong in the award.
Frequently Asked Questions
How do I prove a witness attended trial so I can recover the witness fee as a cost?
File a certificate signed by the attorney of record, in the form prescribed by CA Form 104, serve it on the opposing party or counsel, and file it within 5 days after entry of the final order or judgment.
What happens if I miss the 5-day deadline for filing the witness-fee certificate?
Rule 54-I(a) states that witness fees will not be taxed or recovered as costs if the certificate isn't served and filed within that 5-day window.
Can the other side dispute my witness-fee certificate?
Yes. Any party may move to amend or strike the certificate within 5 days after it's served.
Are deposition costs automatically awarded to the winning party?
No. Rule 54-I(b) leaves the decision to tax the costs of depositions, transcripts, and bond premiums to the trial court's discretion.
Does Rule 54-I cover the cost of a trial transcript?
It addresses reporters' transcripts on appeal, which the trial court may tax at its discretion, rather than transcripts prepared at the trial level.