Missouri Revised Statutes
Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony
Section 492.590 - Costs and expenses of taking depositions, how awarded and collected — limitations.

Effective - 01 Jul 1997
492.590. Costs and expenses of taking depositions, how awarded and collected — limitations. — 1. The costs and expenses of depositions, whether originals or copies, or related court reporter, notarial, or other fees of recording the same, shall be awarded as a judgment in favor of the party or parties requesting the same, and collected in the manner provided by section 514.460*. Any party incurring any such costs or expenses may request the taxing of such costs or expenses actually incurred by that party whether or not such depositions were taken at the instance of that party or some other party to the suit or suits, provided, however, that any judgment awarded for copies of depositions shall be limited to the cost of one copy per party, except upon leave of court.
2. The costs and expenses so incurred shall be certified by the reporter taking the same and shall be further limited by the court in which the action is pending at the request of either party with said limitation based on:
(1) The relevancy and probative value of the testimony offered by deponent;
(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 area where the deposition is taken;
(5) Charges made by other stenographers or shorthand reporters in the community.
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(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 7-01-97
*Transferred 2000; now 488.432
(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.).

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXXIII - Evidence and Legal Advertisements

Chapter 492 - Oaths and Affirmations, Depositions and Perpetuation of Testimony

Section 492.010 - Officers and notary public authorized to administer oaths.

Section 492.020 - Oaths required to be taken before particular officer may be taken before others, when.

Section 492.030 - Parties may affirm, when.

Section 492.040 - Officer shall adopt mode most binding on conscience, when.

Section 492.050 - Parties to be sworn according to the ceremonies of their religion.

Section 492.060 - Persons deemed to have been lawfully sworn, when.

Section 492.070 - Oaths, affirmations, depositions of persons in military service, who may take — form — validation of those previously taken.

Section 492.080 - Depositions may be obtained conditionally.

Section 492.090 - Officers authorized to take depositions.

Section 492.100 - Commissioners of foreign courts may compel attendance of witnesses.

Section 492.110 - Witness residing out of this state, commission to issue.

Section 492.120 - Commission, how issued, to whom directed.

Section 492.130 - Power and duty of the officer under the commission.

Section 492.140 - What officers out of this state may take depositions without commission.

Section 492.150 - Special commissioner appointed when, qualifications — time and place of depositions — enforcement of subpoenas issued by other officer.

Section 492.155 - Powers of special commissioner — rulings on evidence, review.

Section 492.160 - Notice to be given if the party or his attorney resides in this state, how.

Section 492.170 - If they do not reside in this state, how.

Section 492.180 - Notice, how served on party or attorney.

Section 492.190 - By whom served.

Section 492.200 - When notice shall be served.

Section 492.210 - Time may be shortened by court or judge in vacation.

Section 492.220 - Commission to examine witnesses on interrogatories when awarded.

Section 492.230 - To whom directed.

Section 492.240 - Interrogatories to be annexed.

Section 492.250 - Command of the commission.

Section 492.260 - Officer to propound interrogatories.

Section 492.270 - Officer may compel attendance of witness — contempt — if witness imprisoned, on what terms discharged.

Section 492.280 - Production of documentary evidence on taking of deposition, when.

Section 492.290 - Witnesses to be examined on oath.

Section 492.292 - Venue for deposition of employee of a publicly funded crime laboratory.

Section 492.300 - Adverse party may take depositions by giving notice, when.

Section 492.303 - Essential witness, defined — deposition may be taken by prosecutor, procedure — costs — videotape authorized, used when.

Section 492.304 - Visual and aural recordings of child under fourteen admissible, when.

Section 492.310 - Depositions taken in foreign countries to be taken in language of the witness — must be translated.

Section 492.320 - Residence of witness certified by officer.

Section 492.330 - Objections to competency or relevancy, how taken.

Section 492.340 - Deposition shall be submitted to witness for examination — signing of deposition.

Section 492.350 - Certificate of officer taking depositions.

Section 492.360 - Exhibits to be enclosed with depositions and directed to clerk.

Section 492.370 - What constitutes sufficient evidence of the authentication of depositions.

Section 492.380 - Official character of officer in the United States, how attested.

Section 492.390 - Official character of officer in foreign country, how attested.

Section 492.400 - When depositions may be read.

Section 492.410 - Evidence preserved in bill of exceptions may be used, how.

Section 492.420 - Depositions may be taken to perpetuate testimony, when.

Section 492.430 - Petition for commission to take depositions.

Section 492.440 - By whom and how issued — to whom directed.

Section 492.450 - Notice of time and place of taking depositions.

Section 492.460 - If person is minor, notice to be served upon whom.

Section 492.470 - Publication of notice to nonresidents.

Section 492.480 - General notice given, how and when.

Section 492.490 - Subpoenas to witnesses.

Section 492.500 - Duty of officer.

Section 492.510 - Questions put to witnesses to be reduced to writing.

Section 492.520 - Answers to be reduced to writing.

Section 492.530 - Power of adjournment.

Section 492.540 - Depositions, how certified and to whom delivered.

Section 492.550 - May be sent by mail or otherwise, when.

Section 492.560 - Duty of recorder on receiving deposition.

Section 492.570 - Depositions, legally taken, may be read, when.

Section 492.580 - Legal exceptions may be taken.

Section 492.590 - Costs and expenses of taking depositions, how awarded and collected — limitations.