Costs of taking and proceeding to procure a deposition shall be paid by the party taking it who cannot use it in evidence until such costs are paid. The judgment shall award against the losing party only such portion of these costs as were necessarily incurred for testimony offered and admitted upon the trial.
Rule 1.716.Costs of taking deposition
Division VII: Depositions and Perpetuating Testimony · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.716 puts the cost of taking and obtaining a deposition on the party who took it, bars using an unpaid deposition in evidence, and limits any cost award against the losing party to the portion necessarily incurred for testimony offered and admitted at trial.
Full Text of Rule 1.716
Plain-English Summary
Rule 1.716 puts the upfront cost of taking a deposition on the party who takes it, and it means what it says: that party cannot use the deposition in evidence until those costs are paid.
The rule also limits how much of that cost can later be shifted to the losing party in the judgment. Even though the taking party fronts the whole expense, only the portion necessarily incurred for testimony that was offered and admitted at trial can be awarded against the losing party as costs — a proportionality check that keeps deposition costs tied to what the deposition contributed to the trial, rather than shifting the full expense regardless of how much of it was used.
Frequently Asked Questions
Who pays for taking a deposition in an Iowa case?
The party that takes the deposition pays those costs upfront, under Rule 1.716.
Can I use a deposition at trial before I have paid for it?
No. Rule 1.716 bars using a deposition in evidence until the costs of taking it are paid.
If I win my case, can I recover the full cost of every deposition I took?
No. The judgment can only award the losing party the portion of deposition costs that were necessarily incurred for testimony offered and admitted at trial.
What costs does Rule 1.716 cover?
The rule refers to the costs of taking the deposition and proceeding to obtain it, which generally includes the officer's and reporting expenses tied to that deposition.
If I depose the opposing party rather than my own witness, do I still have to pay for it?
Yes. Rule 1.716 puts the cost on whichever party takes the deposition, regardless of whether the deponent is the opposing party, a nonparty witness, or anyone else.
Source & verification. Rule text and the Comment are
reproduced verbatim from the Iowa Rules of Civil Procedure, adopted by the
Iowa Supreme Court. Last verified July 15, 2026.
· Official source
Also known as: iowa deposition costs rulewho pays for depositions iowarecovering deposition costs in judgment iowarule 1.716 iowa civil procedure