Deposition costs are covered as follows:
- Expenses incurred in the taking of fact witness depositions
(notary fees, interpreters, transcripts, etc.) are paid by the
Department of Justice (DOJ), regardless of which party requested the
- The costs of attendance of fact witnesses at the deposition for
either party are paid by the DOJ.
- The costs of attendance of expert witnesses for the defense at
the deposition are paid under the Criminal Justice Act (CJA).
- If the government is the requesting party, expenses incident to
attendance of both counsel and defendant at the deposition are paid by
the DOJ. If depositions are at the instance of the defense, these
expenses are paid by CJA. [Guide, Vol. 7,
[Guide, Vol. 7,
Rule of Criminal Procedure 15]
Rule of Criminal Procedure 17]
In 28 U.S.C. § 2254
and 28 U.S.C. § 2255 habeas
corpus cases, the court may order the state or the government to pay
the "expenses of travel and subsistence and fees of counsel" to attend
the taking of a deposition at the request of the state or government. [Guide, Vol. 7, § 320.40.30]
See Rules Governing §§ 2254 and 2255 Cases in U.S. District Courts, Rules 6.