(a)Generally. The Court of Appeals may assess reasonable and necessary costs in favor of the prevailing party in proceedings under this Chapter. If the Court assesses costs, the Court shall determine who is the prevailing party.(b)Costs Defined. Costs include: (2) reasonable and necessary fees and expenses paid to an expert witness who testified in a proceeding before the Commission pursuant to Rule 18-434;(3) reasonable and necessary travel expenses of a witness who (A) is not an expert witness, and (B) testified in a proceeding before the Commission pursuant to Rule 18-434;(4) reasonable and necessary costs of a physical or mental examination and written report ordered pursuant to Rule 18-441(f)(1)(B); and(5) other reasonable and necessary expenses, excluding attorneys' fees, incurred in prosecuting or defending against charges filed in proceedings before the Commission pursuant to Rule 18-434.Md. R. Jud. & Judi. Appts. 18-408
Adopted May 15, 2019, eff. 7/1/2019. No provision is made in this Rule for assessing the cost of transcripts. Rule 18-435(e)(2) requires the Commission to cause a transcript of all proceedings at Commission hearings to be prepared and included in the record submitted to the Court of Appeals. Pursuant to an Administrative Order of the Chief Judge of the Court of Appeals, the record from the Commission must be submitted through MDEC. As a party, the judge would have free remote access to the electronic version of the transcript. The Rule contemplates that the cost of deposition transcripts and the cost of ordering daily transcripts of Commission hearings would be paid by the party who orders those transcripts and not be subject to assessment.