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.
