Page:Rimini Street, Inc., et al. v. Oracle USA Inc., et al..pdf/7

This page has been validated.
Cite as: 586 U. S. ___ (2019)
5

Opinion of the Court

tion was whether courts could award expert witness fees under Rule 54(d) of the Federal Rules of Civil Procedure. Rule 54(d) authorizes an award of “costs” but does not expressly refer to expert witness fees. 482 U. S. 437, 441 (1987). In defining what expenses qualify as “costs,” §§1821 and 1920 likewise do not include expert witness fees. We therefore held that the prevailing party could not obtain expert witness fees: When “a prevailing party seeks reimbursement for fees paid to its own expert witnesses, a federal court is bound by the limit of §1821(b), absent contract or explicit statutory authority to the contrary.” Id., at 439.

In Casey, we interpreted 42 U. S. C. §1988, the federal statute authorizing an award of “costs” in civil rights litigation. We described Crawford Fitting as holding that §§1821 and 1920 “define the full extent of a federal court’s power to shift litigation costs absent express statutory authority to go further.” 499 U. S., at 86. In accord with Crawford Fitting, we concluded that §1988 does not authorize awards of expert witness fees because §1988 supplies no “‘explicit statutory authority’” to award expert witness fees. 499 U. S., at 87 (quoting Crawford Fitting, 482 U. S., at 439).

In Arlington Central School Dist. Bd. of Ed. v. Murphy, we considered the Individuals with Disabilities Education Act, which authorized an award of costs. The question was whether that Act’s reference to “costs” encompassed expert witness fees. We again explained that “costs” is “‘a term of art that generally does not include expert fees.’” 548 U. S. 291, 297 (2006); see also Taniguchi v. Kan Pacific Saipan, Ltd., 566 U. S. 560, 573 (2012). We stated: “[N]o statute will be construed as authorizing the taxation of witness fees as costs unless the statute ‘refer[s] explicitly to witness fees.’” Murphy, 548 U. S., at 301 (quoting Crawford Fitting, 482 U. S., at 445).

Our cases, in sum, establish a clear rule: A statute