When one spouse designates a retained expert, the other spouse may take that expert’s deposition. Expert depositions involve fees beyond ordinary court-reporter costs, and responsibility for those fees depends on the service being provided.

The Deposing Party Pays for Deposition Time

The party who notices the deposition generally pays the expert for the actual time spent attending the deposition. Payment may be tendered with the notice or provided when the deposition begins.

If the deposition lasts longer than anticipated, an additional balance may be due after the expert provides an itemized statement.

The Retaining Party Bears Other Expert Costs

The party who designated the expert generally remains responsible for fees charged for deposition preparation, travel time, and travel expenses.

Selecting an expert located far from the courthouse can therefore create additional expense for the party who retained that witness.

The Fee Must Be Reasonable and Customary

An expert cannot necessarily charge any requested amount for deposition testimony. The rate must be reasonable and customary for the service.

When the fee is disputed, the parties should attempt to resolve the issue informally. Information about the expert’s ordinary fees, prior charges, and rates for similar professionals may be relevant.

The Court Can Resolve a Fee Dispute

If no agreement is reached, the party seeking the deposition may ask the court to determine reasonable compensation. The expert should receive notice of the request.

A fee disagreement does not justify ignoring expert-discovery deadlines. The parties should address the dispute promptly so the deposition can occur before trial.

A California divorce attorney can evaluate the quoted fee, obtain the information needed to test its reasonableness, negotiate payment arrangements, and seek a court determination when necessary.