§ 492.590

Title XXXIII EVIDENCE AND LEGAL ADVERTISEMENTS Chapter 492 • Effective - 01 Jul 1997, see footnote 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

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. ­­-------- (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.).