In a federal civil case, the party that schedules a deposition pays the upfront costs of conducting it, each side pays its own attorney, and the party that wins the lawsuit can usually ask the court to make the losing side reimburse many of those expenses. That short answer covers most situations, but who pays for deposition costs can shift when a witness doesn’t show up, when a court issues a protective order, or when the expense in question falls outside what the rules let a winner recover.
The Noticing Party Pays the Direct Costs
Under the federal rules governing civil lawsuits, the party who notices a deposition bears the cost of recording the testimony, whether by stenographer, audio, or video.1United States District Court Northern District of Illinois. Federal Rules of Civil Procedure Rule 30 – Depositions Upon Oral Examination The noticing party is the side that sends written notice to all other parties listing the time, place, and name of the person to be questioned. If the plaintiff’s attorney schedules the deposition of a defense witness, the plaintiff’s side pays.
If another party wants to capture the same testimony through an additional recording method, such as video on top of the stenographic record, that party pays for its own additional recording.1United States District Court Northern District of Illinois. Federal Rules of Civil Procedure Rule 30 – Depositions Upon Oral Examination
What the Upfront Bill Includes
A full day of testimony can easily run into several thousand dollars. The main line items are:
- Court reporter attendance. The hourly fee typically runs $100 to $300 depending on location and transcript complexity. The reporter administers the oath and creates the official stenographic record.
- Transcript preparation. The requesting party pays for the original transcript, with per-page rates generally between $3 and $7. A full day can produce 200 or more pages, pushing transcript costs past $1,000. Any other party who wants a copy buys it separately.
- Videographer. When video is used, the party that arranged it pays. A standard session runs roughly $300 to $600, with extra charges for editing or specific delivery formats.
- Expert witness fees. When the deponent is a retained expert, the party taking the deposition must pay the expert a reasonable fee for time spent responding. Rule 26(b)(4)(E) requires this payment. Rates average $350 to $500 per hour, though medical experts and specialists often charge more.
Each Side Pays Its Own Attorney
Regardless of who scheduled the deposition, every party pays its own lawyer for the hours spent preparing and attending. If the plaintiff notices the deposition of your company’s CEO, your attorney still needs to prepare the witness, travel to the deposition site, and defend the testimony, all at your expense.
For clients paying hourly, that means the lawyer’s full rate for every hour of preparation and attendance. In contingency fee cases, common in personal injury and employment lawsuits, the attorney’s time doesn’t generate a separate bill because the lawyer is paid from a percentage of any eventual recovery. The hard costs are a different story. The law firm typically advances expenses like reporter fees, transcripts, and expert charges, then deducts them from the client’s share of any settlement or verdict. That distinction matters when you’re reviewing the final accounting at the end of a case.
Fees for Subpoenaed Non-Party Witnesses
A non-party witness who is subpoenaed to testify is entitled to a $40 daily attendance fee plus mileage reimbursement.2Office of the Law Revision Counsel. 28 USC 1821 – Per Diem and Mileage Generally The mileage rate follows the federal government’s standard; for 2026, that rate is 72.5 cents per mile.3Internal Revenue Service. IRS Sets 2026 Business Standard Mileage Rate at 72.5 Cents per Mile The party that subpoenas the witness pays these fees.
The $40 rate has stayed the same for decades and won’t offset much lost income for most witnesses. It still matters procedurally: failing to tender the required fee and mileage along with the subpoena can give the witness grounds to challenge it and potentially derail the deposition.
Recovering Costs After You Win
The party that wins the lawsuit can seek reimbursement of deposition expenses from the losing side. Under the federal rules, costs other than attorney’s fees should be allowed to the prevailing party unless a statute, rule, or court order says otherwise.4Legal Information Institute. Federal Rules of Civil Procedure Rule 54 – Judgment and Costs Federal law specifically lists fees for transcripts “necessarily obtained for use in the case” among the expenses a court can tax against the loser.5Office of the Law Revision Counsel. 28 US Code 1920 – Taxation of Costs
The “necessarily obtained” standard is where disputes happen. Transcripts used in motions, at trial, or for witness preparation typically qualify. A deposition taken early in discovery and never referenced again faces a harder road. Judges have real discretion, and they look at whether the transcript served a purpose in the case.
To claim these costs, the winning party files a bill of costs, an itemized list of expenses, with the court clerk. The clerk reviews and taxes the costs, and either side can ask the judge to review the clerk’s decision within seven days.4Legal Information Institute. Federal Rules of Civil Procedure Rule 54 – Judgment and Costs
A modest victory can still qualify a party as prevailing. You don’t need a home-run verdict to recover costs; a favorable judgment, even one far below what you asked for, generally lets you file a bill of costs. The judge keeps discretion to reduce or deny costs in unusual circumstances, but the default favors the winner.
What You Cannot Recover
Not every deposition charge qualifies as a taxable cost. Convenience upgrades such as expedited transcript delivery, rough draft copies, and extra file copies are routinely excluded because they aren’t necessarily obtained for the case. Attorney’s fees spent attending depositions are also not recoverable as taxable costs. Under the American Rule, each side bears its own attorney expenses unless a statute or contract specifically shifts them.
When a Court Shifts Costs Before the Case Ends
The normal rule can be overridden by a judge in two situations.
Sanctions for Failing to Appear
If a party fails to show up for its own properly noticed deposition, the court can impose sanctions requiring the no-show side or its attorney to pay the reasonable expenses the other party incurred because of the failure, including attorney’s fees. The only escape is proving the failure was substantially justified or that an award of expenses would be unjust. Objecting to the questions you expected to face is not a valid excuse; Rule 37 says so explicitly.6Legal Information Institute. Federal Rules of Civil Procedure Rule 37 – Failure to Make Disclosures or to Cooperate in Discovery If you hired a court reporter, flew your attorney across the country, and the other side didn’t appear, every dollar of that wasted trip is potentially recoverable.
Protective Orders for Undue Burden
When a deposition threatens to impose a disproportionate burden, either side can ask the court for a protective order. The court can reallocate who pays what, limit the scope or length of the deposition, require it to happen at a different location, or block it entirely. The moving party needs to show good cause, meaning real evidence of burden rather than the general inconvenience that comes with all litigation. Courts weigh factors like the amount at stake, whether the same information is available from less burdensome sources, and the relative resources of each side.