Some common questions that pervade the minds of various parties in judicial settings are:
Who is responsible to pay the court reporter fee? Plaintiff? Defendant? Share the costs? What if the defendant refuses to share the costs? And Can I force the defendant to pay for his side of the deposition?
Usually, the fees rest on the party who notice the deposition or the hearing. The attorney who orders the deposition is responsible. For example if an individual requests his lawyer to depose the defendant in a particular case, then the lawyer has to pay for that transcript; which in turn implies that the client will cover the lawyer’s cost in that regard. In summary the person who requests the deposition pays. However, the deposition is a cost and the winner of the lawsuit recovers his cost. If the other party requires a copy of the deposition they must pay for that.
Are all court reporter fees deferred?
The Supreme Court uses forms and procedures for deferral or waiver of court fees and costs. Applications for deferral or waiver of Court reporting fees are normally granted in the following common cases:
· Fees for obtaining one certified copy of a final order, judgment or decree in all civil proceedings
· Filing fees
· Court reporter's fees for the preparation of court transcripts if the court reporter is employed by the court.
· The fee for service by publication if service is required by law and if the applicant establishes by affidavit specific facts to show that the applicant has exercised due diligence in attempting to locate the person to be served and has been unable to do so.
· Fees for a certified copy of a temporary order in a domestic relations case
· Fees for issuance of either a summons or subpoena
· Law enforcement, sheriff and Marshall fees for service or process in cases where:
(a) The applicant established by affidavit that the applicant has attempted without success to obtain voluntary acceptance of service of process.
(b) The applicant's attempt to obtain voluntary acceptance of service of process would be futile or dangerous.
(c) An order of protection or an injunction against harassment in favor of the applicant and against the party sought to be served exists and is enforceable.