492.590. Costs and expenses of taking depositions, how awarded and collected--limitations. - Missouri Statutes

Costs and expenses of taking depositions, how awarded andcollected--limitations.

492.590. 1. The costs and expenses of depositions, whether originals orcopies, or related court reporter, notarial, or other fees of recording thesame, shall be awarded as a judgment in favor of the party or partiesrequesting the same, and collected in the manner provided by section 514.460*,RSMo. Any party incurring any such costs or expenses may request the taxingof such costs or expenses actually incurred by that party whether or not suchdepositions were taken at the instance of that party or some other party tothe suit or suits, provided, however, that any judgment awarded for copies ofdepositions shall be limited to the cost of one copy per party, except uponleave of court.

2. The costs and expenses so incurred shall be certified by the reportertaking the same and shall be further limited by the court in which the actionis pending at the request of either party with said limitation based on:

(1) The relevancy and probative value of the testimony offered bydeponent;

(2) The time required in the taking of the deposition;

(3) The reasonableness of the charge made by the reporter;

(4) The availability of stenographers or shorthand reporters in the areawhere the deposition is taken;

(5) Charges made by other stenographers or shorthand reporters in thecommunity.

(RSMo 1939 § 1970, A.L. 1951 p. 535, A.L. 1985 S.B. 5, et al., A.L. 1989 S.B. 127, et al., A.L. 1996 S.B. 869)

Prior revisions: 1929 § 1806; 1919 § 5493; 1909 § 6436

Effective 7-1-97

(1998) Word "incurred" in statute does not mean "paid". It means to "to become liable for". Burwick v. Wood, 959 S.W.2d 951 (Mo.App.S.D.).

*Transferred 2000; now 488.432