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Who pays the deposition costs?

Usually the party that asks for the deposition will pay the deposition costs of the transcriptionist and for the room if space has to be rented out. This can be very expensive, into the thousands of dollars depending on how many witnesses there are and how long the depositions last. Each party pays for their own attorney’s time at the depositions, however.

If you are thinking about asking for depositions, you may want to call a transcriptionist to see if you can get an estimate of the charges for his/her services. If you have an attorney who you are paying hourly, you may also want to get an estimate from your attorney for his/her time.

You do not have to depose every single person who is going to testify at trial. If money is an issue, you could think about deposing only the other party or key witnesses. If you cannot afford depositions, then you do not have to ask for them. The other party can still request depositions from you and/or your witnesses if s/he wants to and, if you have an attorney to defend you at the depositions, you would still need to pay your own attorney’s fees.