Rule Text
Costs of taking and proceeding to procure a deposition shall be paid by the party taking it who cannot use it in evidence until such costs are paid. The judgment shall award against the losing party only such portion of these costs as were necessarily incurred for testimony offered and admitted upon the trial.
Amendment history: Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
If you want to take someone's deposition, you have to pay for it yourself first. You can't actually use that deposition as evidence in court until you've paid those costs.
At the end of the case, the judge decides who pays for the deposition as part of the overall court costs. But the losing party only has to pay back the part of the deposition costs that covered testimony actually used at trial. So if you took a long deposition but only a small part of it ended up being used as evidence, you can't stick the other side with the whole bill. They only pay for the portion that was actually helpful and admitted during the trial.