Del. C. » Title 10 — Fees and Costs · CHAPTER 89. Jurors, Witnesses and Interpreters · Courts and Judicial Procedure
Delaware Code

10 Del. C. § 8906 (2026)

Expert witnesses

✓ current as of May 2026
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The fees for witnesses testifying as experts or in the capacity of professionals in cases in the Superior Court, the Court of Common Pleas and the Court of Chancery, within this State, shall be fixed by the Court in its discretion, and such fees so fixed shall be taxed as part of the costs in each case and shall be collected and paid as other witness fees are now collected and paid.

26 Del. Laws, c. 260;  Code 1915, §  4231;  Code 1935, §  4706;  10 Del. C. 1953, §  8906;  71 Del. Laws, c. 345, §  1; 
Notes of Decisions
Cited in 30 cases (7 in the last 5 years), 1965–2023 · leading case: Weaver v. Mitchell, 715 P.2d 1361 (Wyo. 1986).
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Weaver v. Mitchell, 715 P.2d 1361 (Wyo. 1986). “§ 8906 provides: “The fees for witnesses testifying as experts or in the capacity of professional men in cases in the Superior Court, and the Court of Chancery, within this State, shall be fixed by the court in its discretion, and such fees so fixed shall be taxed as part of the…”
State v. 0.0673 Acres of Land, Etc., 224 A.2d 598 (Del. 1966). · cites it 2× “§ 6111 1 precludes the application of 10 Del.C. § 8906 2 in a condemnation case.”
Stevenson v. Henning, 268 A.2d 872 (Del. 1970). · cites it 2× “unsuccessful party by virtue of 10 Del.C. § 8906. 2 In State v. 0.0673 Acres of Land, etc.”
Chem. Bank v. Kimmel, 68 F.R.D. 679 (D. Del. 1975). “Expert Witness Fees Defendant requests taxation for the fees of her expert witness, Hilding L. Dahlgren. Although compensation beyond per diem witness fees, mileage *682 and subsistence is not ordinarily paid to expert witnesses, under Rule 54(d), 1 in diversity cases this Court…”
Carlson v. Palmer, 472 F. Supp. 396 (D. Del. 1979). · cites it 2× “08 for the appearance of Robert F. Minnehan, Ph.D. (Doc. No. 36). This action, which involved a claim of maritime tort, invoked both the admiralty and diversity jurisdiction of this court.”
Parsons Energy & Chemicals Grp., Inc. v. Williams Union Boiler, 128 F. App'x 920 (3rd Cir. 2005). · cites it 3× “Stevenson interprets 10 Del. C. § 8906, which provides: The fees for witnesses testifying as experts or in the capacity of professionals in cases in the Superior Court, the Court of Common Pleas and the Court of Chancery, within this State, shall be fixed by the court in its…”
State High. Dep't v. Lots Nos. 133, 134 & 135, Block 1, of Concord Heights, Situate in the City of Wilmington, 238 A.2d 837 (Del. 1968). · cites it 2× “2d 598 (1966) to the effect that 10 Del. C. § 8906 is applicable in a condemnation case and that, therefore, it is within the discretion of the Trial Court to assess as costs expert witness fees in a condemnation case.”
Henlopen Hotel Corp. v. Aetna Ins., 38 F.R.D. 155 (D. Del. 1965). “The next question is whether 10 Del.C. § 8906 declaring that fees of expert witnesses may be taxed as part of the costs of a case in the Superior Court and Court of Chancery is applicable to this case.”
Rash v. Moczulski (Del. Super. Ct. 2017). · cites it 6× “And followed to the letter, Defendants have a problem: Rule 54 does not provide that all expert witness fees are taxable as costs In fact, the only reference to expert witness fees at all is the following, in Rule 54(h): “Fees for expert witnesses testifying on deposition shall…”
Roberson v. Laird (Del. Super. Ct. 2017). · cites it 4× “Plaintiff’ s Motion sets forth the above dollar values and summarily argues that Plaintiff is entitled to the above costs under Delaware Superior Court Civil Rule 54(d) & (h) and 10 Del. C. § 8906. Plaintiff attaches to her Motion invoices from both doctors corroborating the…”
Bishop v. Progressive Direct Ins. Co. (Del. Super. Ct. 2019). · cites it 4× “l Bishop also seeks an award of costs,2 and expert witness fees and costs,3 against Progressive and Defendant Encompass Indemnity Company (hereinafter “Encompass”) pursuant to 10 Del. C. § 8906 and Superior Court Civil Rule 54 (hereinafter “Rule 54").”
Hajali v. Daller (Del. Super. Ct. 2017). · cites it 3× “§ 5101 and 10 Del. C. § 8906, allows the prevailing party to recover certain costs associated with litigation, so long as the prevailing party makes an application to the Court within ten days after the entry of final 1 Compl.”
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