60-2003. Items allowable as costs. Items which may be included in the taxation of costs are:
(1) The docket fee as provided for by K.S.A. 60-2001, and amendments thereto.
(2) The mileage, fees, and other allowable expenses of the sheriff, other officer or private process server incurred in the service of process or in effecting any of the provisional remedies authorized by this chapter.
(3) Publisher's charges in effecting any publication of notices authorized by law.
(4) Statutory fees and mileage of witnesses attending court or the taking of depositions used as evidence.
(5) Reporter's or stenographic charges for the taking of depositions used as evidence.
(6) The postage fees incurred pursuant to K.S.A. 60-303, and amendments thereto.
(7) Alternative dispute resolution fees shall include fees, expenses and other costs arising from mediation, conciliation, arbitration, settlement conferences or other alternative dispute resolution means, whether or not such means were successful in resolving the matter or matters in dispute, which the court shall have ordered or to which the parties have agreed.
(8) Convenience fees and other administrative fees levied for the privilege of paying assessments, fees, costs, fines or forfeitures by credit card or other means, including, but not limited to, fees for electronic filing of documents or pleadings with the court.
(9) Such other charges as are by statute authorized to be taxed as costs.
History: L. 1963, ch. 303, 60-2003; L. 1974, ch. 168, § 5; L. 1990, ch. 202, § 13; L. 1991, ch. 173, § 3; L. 1998, ch. 100, § 2; L. 2004, ch. 118, § 7; L. 2011, ch. 48, § 17; L. 2015, ch. 53, § 3; July 1.
Source or prior law:
G.S. 1868, ch. 80, § 344; L. 1909, ch. 182, § 350; R.S. 1923, 60-2835.
Law Review and Bar Journal References:
"Some Comments on the New Code of Civil Procedure," Emmet A. Blaes, 12 K.L.R. 75, 79 (1963).
Case note on witness fees under federal rules of civil procedure, James L. Crabtree, 13 K.L.R. 304, 306 (1964).
"Kansas Court Costs: The Quality of Mercy is Strained," Richard F. Hayse, 9 W.L.J. 87, 94 (1969).
"Garnishment in Kansas: A Procedural Paradox," Leon B. Graves, 49 J.B.A.K. 129, 131 (1980).
"Service of Process by Certified Mail," Robert C. Casad, 59 J.K.B.A. No. 10, 25, 27 (1990).
"Settlement of a Personal Injury Case: Some Issues to Consider," John M. Parisi, J.K.T.L.A. Vol. XX, No. 2, 20 (1996).
"Recovery of Attorney's Fees in Kansas," Jerry D. Fairbanks, 77 J.K.B.A. No. 4, 20 (2008).
Attorney General's Opinions:
Procedure after arrest; diversion; imposition of diversion costs. 84-15.
Sheriff's authority to charge additional fees for in-state service of process. 86-63.
Service of process; summons; certified mail by sheriff; postage fees. 91-10.
Service of process by certified mail; costs. 92-83, 92-83a.
Transfer of budget items from sheriff's office to district court; court expenses payable by counties. 93-136.
Docket fees in asset forfeiture cases. 2012-13.
CASE ANNOTATIONS
Prior law cases, see G.S. 1949, 60-2835 and the 1961 Supp. thereto.
1. Objection to use of affidavit as evidence cannot be raised for the first time on appeal. Barajas v. Sonders, 193 Kan. 273, 277, 392 P.2d 849.
2. Attorney fees allowed under K.S.A. 59-1504 taxed as costs; prior law (G.S. 1949, 60-3706) considered. Baldwin v. Hambleton, 196 Kan. 353, 361, 411 P.2d 626.
3. Charges for discovery depositions not used as evidence held not ordinarily taxable as costs. Wood v. Gautier, 201 Kan. 74, 78, 79, 439 P.2d 73.
4. Attorney fees not chargeable against estate of decedent where action to enforce contract as claim against estate. Reznik v. McKee, Trustee, 216 Kan. 659, 681, 534 P.2d 243.
5. Subsection (6) cited in holding attorney fees not allowable under K.S.A. 40-256 where insurer paid claims against plaintiff. Frickey v. Equity Mut. Ins. Co., 2 Kan. App. 2d 163, 167, 576 P.2d 702.
6. Docket fee may be taxed against any one or more litigants even if poverty affidavit filed. Davis v. Davis, 5 Kan. App. 2d 712, 713, 623 P.2d 1369.
7. "Costs" do not include paralegal time, attorney fees, deposition expense, phone calls, expert witness fees, etc. Divine v. Groshong, 235 Kan. 127, 141, 679 P.2d 700 (1984).
8. Where action not frivolous and substantial claims asserted, trial court correct in refusing allowances for other than statutory costs. Betts v. General Motors Corp., 236 Kan. 108, 117, 689 P.2d 795 (1984).
9. Costs of medical malpractice panel under Supreme Court Rule 142 to be assessed pursuant to K.S.A. 65-4907. Smith v. Frazier, 11 Kan. App. 2d 212, 215, 717 P.2d 531 (1986).
10. Cited in opinion holding manifest injustice does not result simply because plaintiffs may benefit from timing of defendant's depositions (K.S.A. 60-226(b)(4)(c)). Balagna v. Van Doren-Hazard-Stallings, 11 Kan. App. 2d 357, 360, 720 P.2d 1144 (1986).
11. Cited; denial of taxing deposition costs on plaintiff to avoid "chilling effect" on bona fide constitutional claims examined. R. B. Enterprises, Inc. v. State, 242 Kan. 241, 250, 747 P.2d 152 (1987).
12. Absent extraordinary circumstances, charges for discovery depositions not admitted into evidence cannot be assessed as costs. Bridges v. Bentley, 244 Kan. 434, 445, 446, 769 P.2d 635 (1989).
13. Ruling on allowance for attorney fees as unnecessary before filing timely notice of appeal determined. Snodgrass v. State Farm Mut. Auto. Ins. Co., 246 Kan. 371, 377, 789 P.2d 211 (1990).
14. Treating physician's witness fees may not be assessed as costs to losing party. Grant v. Chappell, 22 Kan. App. 2d 398, 399, 916 P.2d 723 (1996).
15. Failure to comply with order that all experts designated be present for trial; assessment of deposition costs upheld. Cessna Aircraft Co. v. Metropolitan Topeka Airport Authority, 23 Kan. App. 2d 1038, 1059, 940 P.2d 84 (1997).
16. KCPA (K.S.A. 50-623 et seq.) does not provide authority for court to award party's out-of-pocket litigation expenses. Despiegelacre v. Killion, 24 Kan. App. 2d 542, 551, 947 P.2d 1039 (1997).
17. Trial court ruling taxing stenographic costs for depositions used in deciding summary judgment motion as being used in evidence upheld. Frederking v. Frederking, 26 Kan. App. 2d 614, 992 P.2d 1255 (1999).
18. Mentioned in holding that K.S.A. 44-510 does not permit award of expert witness fees. Higgins v. Abilene Machine, Inc., 38 Kan. App. 2d 735, 738, 172 P.3d 71 (2007).
19. K.S.A. 44-510k does not permit the award of expert witness fees in pursuit of post-award medical benefits. Higgins v. Abilene Machine, Inc., 288 Kan. 359, 204 P.3d 1156 (2009).
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