Who Pays for What Parts of Expert Depositions in Federal Courts? Decisions of Judges in the Northern District of Illinois

This paper provides discussion of the specific language in what was Rule 26(b)(4)(C), and is now Rule 26(b)(4)(E) of the Federal Rules of Civil Procedure with regard to which party in a federal civil litigation matter is responsible for paying which portions of an expert’s time and costs expended in the process of that expert’s deposition. It reviews similarities and differences in reported opinions of several federal judges in the Northern District of Illinois regarding payment of expert witnesses in accordance with this and other related rules and statutes, and attempts to provide insight into what might at times appear to be inconsistencies in their rulings.