Local Rule L.R. 54-3.5: Depositions

L.R. 54-3.5 Depositions. Costs incurred in connection with oral depositions are taxable only to the extent set forth below:

(a) Transcripts: The reasonable cost of preparing the original transcription of the oral portion of a deposition for ordinary, non-expedited delivery after the deposition is taxable if the transcript is used for any purpose in connection with the case. Any additional charges paid to expedite the preparation of the transcription, and any charges for "real time" views of the transcription during the deposition, are not taxable unless the judge so orders or counsel stipulate in writing before the costs are incurred. The reasonable cost of one additional copy of the transcript, in any form (including a rough draft), is taxable. The reasonable cost of one copy of the transcript is also taxable when purchased by a party that did not purchase the original. The transcript rates set by the Judicial Conference of the United States will generally be considered reasonable. For transcripts billed at higher rates to be taxable, an explanation of why higher rates were reasonable under the circumstances must be provided. In addition, reasonable fees for the following are taxable:

1. binding, 2. Bates stamping, 3. non-expedited shipping and handling, 4. ASCII disks, 5. production and code compliance charges, 6. electronic transmission charges for non-expedited electronic delivery of a transcript, 7. miniscripts, and 8. witness handling charges.

The cost of videotaping or recording depositions is not taxable unless recording the deposition by video or audio means was ordered by the Court before the taking of the deposition. Failure to provide itemized invoices breaking out the per-page cost of transcripts from other costs, such as expediting, binding, or shipping fees, will be sufficient grounds for not taxing the cost.

(b) Reporters and Other Persons Required to Take, Report, or Transcribe a Deposition: The reasonable fees of a stenographic reporter and, if necessary to take the deposition, a notary and an interpreter, are taxable for time attending a deposition and for time appearing at a properly noticed deposition when a deponent fails to appear. Reasonable travel and subsistence expenses of reporters, notaries, and interpreters are also taxable. Fees for video and audio technicians are not taxable unless recording the deposition by video or audio means was ordered by the Court before the taking of the deposition. Attorneys' fees and expenses incurred while taking or defending the deposition are not taxable.

(c) Exhibits: The cost of copying or reproducing exhibits used at the deposition and made a part of the deposition transcript is taxable.