Article II. Rules on Civil Proceedings in the Trial Court · Part E. Discovery, Requests for Admission, and Pretrial Procedure · Last amended 2018 · Last verified July 20, 2026
In one sentenceRule 208 decides who pays for a deposition — witness fees, transcription costs, copies — and carves out a special rule for retained expert witnesses.
(a)Who Shall Pay. Except as provided in paragraph (e), the party at whose instance the
deposition is taken shall pay the fees of the witness and of the officer and the charges of the recorder or stenographer for attending. The party at whose request a deposition is transcribed shall pay the charges for transcription. If, however, the scope of the examination by any other party exceeds the scope of examination by the party at whose instance the deposition is taken, the fees and charges due to the excess shall be summarily taxed by the court and paid by the other party.
(b)Amount. The officer taking and certifying a deposition is entitled to any fees provided by statute, together with the reasonable and necessary charges for a recorder or stenographer for attending and transcribing the deposition. Every witness attending before the officer is entitled to the fees and mileage allowance provided by statute for witnesses attending courts in this State.
(c)Copies. Upon payment of reasonable charges therefor, the officer shall furnish a copy of the deposition transcript to any party or to the deponent.
(d)Taxing as Costs. The fees and charges provided for in paragraphs (a) through (c) may, in the discretion of the trial court, be taxed as costs.
(e)Controlled Expert Witness Fees. Each party shall, unless manifest injustice would result, bear the expense of all fees charged by his or her Rule 213(f)(3) controlled expert witness or witnesses.
Plain-English Summary
The party who notices a deposition generally foots the bill: witness fees, the officer's fee, and the cost of the reporter or recorder. Whoever asks for a transcript pays for the transcription. If another party's questioning goes beyond the scope the noticing party set, the court can tax the extra cost to that other party.
Witnesses get the same fee and mileage the state pays for court witnesses, and anyone can buy a copy of the transcript for a reasonable charge. A court can decide to shift these costs into the case's overall costs award.
One exception stands apart: each side generally covers the fees of its own controlled expert witness — the retained expert who will testify for that side — rather than passing that cost to the party who took the deposition.
Frequently Asked Questions
Who normally pays for a deposition in Illinois?
The party who noticed it pays the witness fee, the officer's fee, and the recording charges; whoever wants a transcript pays for transcription.
What if another party asks more questions than the deposition was originally set up for?
The court can tax the extra fees and charges to that party.
Can deposition costs be added to the overall costs of the case?
Yes, at the trial court's discretion.
Who pays a retained expert's fee for their own deposition?
Each party generally covers the fees charged by its own Rule 213(f)(3) controlled expert witness.
Can anyone buy a copy of a deposition transcript?
Yes, on payment of a reasonable charge, whether they're a party or the deponent.
Committee Comments
Paragraph (a) Paragraph (a) of this rule is derived from former Rule 19-6(5)(c). Under the latter provision the cost of transcribing and filing a deposition taken for discovery purposes was charged to the party at whose request it was filed, while the cost of transcribing and filing a deposition taken for purposes of evidence was charged in all cases to the person at whose instance it was taken. This reflected the fact that all evidence depositions were required to be transcribed and filed. Since under paragraph (b) of Rule 207, the evidence deposition, like the discovery deposition, is transcribed and filed only if one of the parties requests it, the rule has been changed to place the cost of transcription and filing on the party making the request. The last sentence of former Rule 19-6(5)(c) is paragraph (c) of the new rule. Otherwise the provisions of former Rule 19-6(5)(c) appear without change in paragraph (a) of this rule. Paragraph (a) was amended in 1975 to make it plain that the party at whose instance a deposition is taken shall pay the charges for the recorder when the deposition is recorded by sound or audio-visual means, that when such a deposition is filed without being transcribed the party at whose instance it is filed shall pay the charges for filing, and that, if subsequently transcribed, the party requesting it shall pay the charges for such transcription.
Paragraph (b) Paragraph (b) of this rule is derived from former Rule 19-6(5)(d). The language is unchanged except for the deletion of the reference to masters in chancery made necessary by the provision of the judicial article abolishing that office. The rule provides simply that the fees shall be set by statute. Paragraph (b) was amended in 1975 to make it plain that when a deposition is recorded by sound or audio-visual device the officer taking and certifying the deposition is entitled to the reasonable and necessary charges for a recorder.
Paragraph (c) This is the last sentence of former Rule 19-6(5)(c).
Paragraph (d) Paragraph (d) is derived from former Rule 19-6(5)(e). The words “as in equity cases” have been deleted.
Amendment History
Amended Dec. 29, 2017, eff. Jan. 1, 2018.
Source & verification. Rule text, official Committee Comments, and
amendment history are reproduced verbatim from the Illinois Supreme Court Rules,
promulgated by the Supreme Court of Illinois. Last verified July 20, 2026.
· Official source
Also known as:deposition costswho pays for depositionsexpert witness feesdeposition transcript copies