Jonah Patel
In the United States, deposition-related costs are, for the most part, non-recoverable by prevailing parties. However, there are exceptions to this rule, and taxable costs of a deposition can include witness fees, the cost of translation, and the cost of one copy of a document when introduced as evidence. In the state of Texas, the costs of taking and filing depositions are recoverable, and deposition transcripts used in evidence or at trial are taxable against the losing party.
| Characteristics | Values |
|---|---|
| Cost of copy of a document | Taxed when introduced into evidence in lieu of original |
| Fee for official certification or proof of non-existence of a document | Taxable when introduced into evidence |
| Cost of securing translation of a document | Taxable when the translation is necessary for exemplification of matters before the court |
| Exhibits | Maps, graphs, charts, models, surveys, and one copy of photographs introduced into evidence |
| Discovery depositions | Used on motion for summary judgment if the prevailing party in the case prevailed on summary judgment |
| Discovery depositions | Used to defeat a motion for summary judgment |
| Discovery depositions | Used for impeachment at a trial or hearing |
| Discovery depositions | Used in successful motion for summary judgment |
| Deposition transcripts | Not used at trial |
| Witness fee | Must be taxed in the bill of costs as other costs |
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What You'll Learn
Deposition transcripts introduced as evidence
In Texas, deposition transcripts can be used in court proceedings, including at trials, hearings, and interlocutory proceedings. They can be used by any person and for any purpose, as long as the deposition was taken in the same proceeding and is admissible under the Rules of Civil Evidence. The Rules of Civil Evidence are applied to each question and answer as if the witness were present and testifying. The deponent's unavailability is not a requirement for admissibility.
Substitution of parties does not affect the right to use depositions previously taken. When a suit is brought in a court of the United States or another state, and another suit involving the same subject matter is brought between the same parties or their representatives, depositions lawfully taken in each suit may be used in the other suit(s) as if originally taken for that suit.
If a party becomes involved in a case after a deposition has been taken and has an interest similar to that of any party described above, the deposition is admissible against them only if they have had a reasonable opportunity to redepose the deponent and have failed to exercise that opportunity.
In Texas, the original transcript or any certified copy is required for the deposition to be admissible. Errors and irregularities in the notice of delivery, as well as errors in the manner in which the testimony is transcribed or the deposition transcript is prepared, signed, certified, sealed, endorsed, delivered, or otherwise dealt with by the deposition officer, are waived unless a motion to suppress the deposition transcript or part thereof is made before the trial commences.
The court reporter must authenticate the original transcription with a certification page on the last page(s) of the record. The party responsible for the costs must be identified on the certification page. Certified questions are those that the witness has refused to answer or has been instructed by their counsel not to answer during the deposition. The attorney may argue the question in front of the judge, and the court reporter must type the testimony and any colloquy in the record.
Each volume of a transcription must contain a chronological index, an alphabetical index, and an exhibit index, which must appear immediately following the administrative pages. The chronological index must include a listing of all witnesses in the order of their appearance at trial, as well as a listing of all events that occur. The alphabetical index must include an alphabetical listing of the witnesses, while the exhibit index must include a complete description of the exhibits and the page at which each exhibit was offered and received into evidence.
In the federal system, deposition testimony often provides crucial evidentiary support for summary judgment motions. However, it is only useful when properly cited and presented for the trial judge's consideration. When considering a motion for summary judgment based on deposition testimony, courts expect attorneys to cite a particular page in a written transcript prepared by a court reporter.
In California, the Rules of Court outline how litigators may use deposition testimony as exhibits in pretrial motions. A deposition used as an exhibit must contain only the relevant pages of the transcript, with the original page number clearly visible. The relevant testimony in the deposition must be marked to draw attention to it. When summary judgment motions are supported by references to deposition testimony, the movant must produce a written transcript.
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Discovery depositions used for impeachment
Discovery depositions are used for impeachment at a trial or hearing. The cost of a discovery deposition is taxable.
In Texas, taxable costs of a deposition include the cost of one copy of a document when it is introduced as evidence instead of the original, the fee for official certification or proof of non-existence of a document when introduced as evidence, the cost of securing translation of a document if necessary for exemplification of matters before the court, and exhibits such as maps, graphs, charts, models, surveys, and one copy of photographs introduced as evidence. Witness fees must also be taxed in the bill of costs.
Discovery depositions can be used strategically in litigation. For example, defendants may act quickly to obtain discovery and notice depositions early in the process. However, Rule 26 states that one party's initiation of discovery should not depend on the other party's completion, unless there are special considerations. This rule aims to prevent the use of discovery to wage a war of attrition or coerce a party, regardless of their financial standing.
The Columbia Survey found that most litigants do not rush to obtain discovery, with over half of the cases showing that both parties waited at least 50 days. While defendants were more likely to serve notice of deposition during the first 19 days, this did not indicate a race to obtain discovery in most cases.
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Mediation costs
In Texas, mediation costs are taxable when the court has determined compensation and directed it to be taxed as costs.
Unless another arrangement is agreed upon or the court orders otherwise, parties typically split the cost of mediation equally. However, cost division can also depend on factors such as the type of dispute, the willingness of each party to cooperate, and the mediator or type of mediation involved. Couples going through divorce mediation can share costs based on their incomes, with the higher-earning spouse covering a larger portion of the fees.
It is important to consult with an experienced attorney who understands the legal and financial complexities of dispute resolution. A skilled Texas business litigation lawyer can help advocate for equitable cost-sharing arrangements and identify alternatives that align with your goals and budget. They can also assist in reviewing the final agreement to ensure it is legally sound and enforceable.
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Appellate costs
In the state of Texas, taxable costs for depositions include:
- The cost of one copy of a document introduced as evidence in lieu of the original.
- The fee for official certification or proof of non-existence of a document introduced as evidence.
- The cost of securing translation if the document is taxable or if translation is necessary for exemplification of matters before the court.
- Exhibits such as maps, graphs, charts, models, surveys, and one copy of photographs introduced as evidence.
- Discovery depositions used on a motion for summary judgment if the prevailing party in the case prevailed on summary judgment.
- Discovery depositions used to defeat a motion for summary judgment.
- Costs of a videotaped deposition, but only when an authorizing order or stipulation provides for taxing these costs.
- Discovery depositions used for impeachment at a trial or hearing.
- Service fees for deposition subpoenas.
In the case of Ferry v. Sackett, the Court of Appeals of Texas affirmed that the costs of taking and filing depositions are recoverable. The court concluded that deposition upon written questions is a type of deposition, and thus its costs can be included as taxable court costs.
- Filing and docketing fees for notice of appeal.
- Copy costs for the production of appellate briefs and appendices.
- Costs of designated transcripts necessary to determine the appeal.
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Deposition transcript fees
The cost of a deposition transcript can range from $4.00 to $5.50 per page, not including additional fees. For example, a 250-page transcript was billed at $1000, while a 170-page transcript was also priced at $1000. In another instance, a shorter deposition of an unspecified length was still billed at a minimum of $200. These fees can be influenced by factors such as the demand for court reporters, the skill and experience required for the job, and the need to hire proofreaders to ensure accuracy.
It is important to note that the availability of expedited transcript delivery cannot be guaranteed and may require additional arrangements by the court reporter. If a transcript is needed for an appeal, it is recommended to notify the judge's court reporter or the division's Deputy-in-Charge in advance.
In terms of taxation, the cost of one copy of a document introduced as evidence is taxable. Additionally, the fee for an official certification or proof of non-existence of a document is taxable when introduced as evidence.
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Frequently asked questions
The taxable costs of a deposition in Texas include the cost of one copy of a document introduced as evidence, fees for official certification of documents, the cost of securing translation, exhibits, and witness fees. Deposition transcripts introduced as evidence or used at trial are also taxable against the losing party.
Deposition transcripts not used at trial are generally not taxable. Additionally, deposition transcripts of current employees are typically not considered taxable.
In Texas, the losing party in a legal case is typically responsible for paying the taxable costs of a deposition. However, it is important to note that each case may vary, and specific rules or statutes may apply.
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