Court Reporter Practice Exam

When is the attorney usually responsible for payment of a deposition?

1. When agreed upon by parties

2. When held in their office

3. When it pertains to a trial

4. When requested by the court

The correct answer is: When held in their office

The responsibility of an attorney for the payment of a deposition generally arises when there is an agreement among the parties involved in the case. This common practice highlights that the costs of depositions are often shared or assigned based on the specific arrangements made during the litigation process. For instance, in many cases, the party that requests the deposition may be responsible for its cost, unless there is a contrary agreement between all the parties involved. Different circumstances can influence who bears the cost of a deposition, including which party is initiating the deposition, the location, and the nature of the case. In particular, it is customary for attorneys to negotiate these terms within their case management discussions. When depositions are held in an attorney's office, while it may seem convenient, it doesn't directly correlate with an automatic financial responsibility for the attorney. Instead, the responsibility hinges more on the agreements made beforehand and the nature of the litigation as it progresses. The connection to trial or court requests also does not automatically determine the payment responsibilities. It's critical to highlight that clear communication and mutual agreement among all parties are crucial in establishing the financial responsibilities associated with depositions, thereby ensuring that all expectations and obligations are outlined and understood before proceeding.