Congress' decision not to permit a prevailing party in the lower courts to recover its actual witness fee expenses departs only slightly from the "American Rule," under which parties generally bear their own expenses. There is no good reason why the rule for recovering expert witness fees should differ markedly depending on whether a case is originally brought in district court or this Court.
The decision of Congress not to permit prevailing parties in lower courts to recover their actual witness fee expenses deviates only slightly from the "American Rule," which generally holds that parties are responsible for their own costs. There is no logical reason why the rule for recovering expert witness fees should differ substantially depending on whether a case originates in district court or this Court.