New Mexico Statutes
Article 2 - Attorneys' Fees and Costs
Section 39-2-8 - [Depositions; fees paid to the clerk and witnesses; compensation of officers.]

The fees of the county clerk for recording said depositions and certifying the same, shall be the same as are now allowed by law for recording and certifying deeds; and the fees of witnesses shall be the same as are now paid to witnesses in the district court in civil cases, and the fees of the officers taking the depositions shall be five dollars [($5.00)] per day for each day of actual and necessary service.
History: Laws 1882, ch. 12, § 19; C.L. 1884, § 2129; C.L. 1897, § 3067; Code 1915, § 2159; C.S. 1929, § 45-216; 1941 Comp., § 29-107; 1953 Comp., § 25-1-7.
Cross references. — For recording fees, see 14-8-12 NMSA 1978.
For per diem and mileage for witnesses, see 10-8-1 and 38-6-4 NMSA 1978; Rules 1-045, 2-502, 3-502, 5-111, 6-606, 7-606 and 8-602 NMRA; Civil Forms 4-503, 4-504, 4-505 and 4-505A NMRA; and Criminal Form 9-503 NMRA.
For costs of expert witness fees are recoverable, see Rule 1-054 NMRA.
Compiler's notes. — The compilers of the 1915 Code substituted the words "county clerk" for the words "probate clerk and ex-officio recorder."
"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 fee separate from appearance fee. — 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.
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 office 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 § 49 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.
20 C.J.S. Costs § 97.

Structure New Mexico Statutes