The costs and expenses of taking the depositions shall be audited and allowed by the officer taking the same, and such costs and expenses, together with the fees of recording and copying the same, shall be taxed in favor of the party or parties paying the same, and collected as other costs in the suit or suits in which such depositions, or any part thereof, may be used.
History: Laws 1882, ch. 12, § 18; C.L. 1884, § 2128; C.L. 1897, § 3066; Code 1915, § 2158; C.S. 1929, § 45-215; 1941 Comp., § 29-106; 1953 Comp., § 25-1-6.
ANNOTATIONSCross references. — For when costs of depositions are recoverable, see Rule 1-054 NMRA.
Section relates to cost of taking depositions as distinguished from officer's fees. Farmers Gin Co. v. Ward, 1964-NMSC-015, 73 N.M. 405, 389 P.2d 9.
"Costs," "expenses" and "fees" are separate and distinct items and a deposition expense is a proper item of legal court costs. Danielson v. Miller, 1965-NMSC-052, 75 N.M. 170, 402 P.2d 153.
Expense and fee become costs. — Expenses of deposition represent an economic item of outlay incurred. A fee is a charge fixed by law for the services of a public officer. Subsequent to trial and after performance or expenditure an "expense" and a "fee" become legal "costs" as assessed by the court. Danielson v. Miller, 1965-NMSC-052, 75 N.M. 170, 402 P.2d 153.
Stenographic fees separate from appearance fees. — The $5.00 per day appearance fee may be waived and stenographic remuneration accepted as full and complete payment, and the charges for the stenographic taking and preparing of the depositions may be separated from the $5.00 per day fee provided for the notary or other officer necessarily present and participating. Danielson v. Miller, 1965-NMSC-052, 75 N.M. 170, 402 P.2d 153.
Officer to approve deposition expense. — The direction to the officer of the court in this section to audit and allow the costs and expenses is broad enough to approve the actual deposition expense if taken by the officer himself. Danielson v. Miller, 1965-NMSC-052, 75 N.M. 170, 402 P.2d 153.
When stenographer and officer taking deposition are one and same person, the actual expense of taking the deposition is a separate and distinct charge from the appearance fee allowed by law. Danielson v. Miller, 1965-NMSC-052, 75 N.M. 170, 402 P.2d 153.
Stenographer other than officer of court may be reimbursed for the actual expense of taking a deposition and the officer supervising the taking of the deposition may be allowed a fee of $5.00 for each day of actual and necessary service. Danielson v. Miller, 1965-NMSC-052, 75 N.M. 170, 402 P.2d 153.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 Am. Jur. 2d Costs § 45 et seq..
Construction and effect of Rules 30(b), (d), 31(d), of the Federal Rules of Civil Procedure, and similar state statutes and rules, relating to preventing, limiting, or terminating the taking of depositions, 70 A.L.R.2d 685.
Taxation of costs and expenses in proceedings for dispositions or inspection, 76 A.L.R.2d 953.
Taxation of costs associated with videotaped depositions under 28 U.S.C.A. § 1920 and Rule 54(d) of Federal Rules of Civil Procedure, 156 A.L.R. Fed. 311.
20 C.J.S. Costs § 97.