Cost of Deposition Transcript Copies Unreasonable? File Motion in Trial Court

  Clients are frequently surprised at the high cost of certified copies of deposition transcripts. When parties and potential witnesses are many, the costs can be substantial. There is a remedy when the rate is deemed unreasonable, but usually not a cost effective one.

  Pursuant to Code of Civil Procedure section 2025.510, a non-noticing party may challenge the reasonableness of the rate for copies of deposition transcripts and exhibits by a motion in the court where the action is pending. That court has authority to set the rate under its inherent authority to control the conduct of ministerial officers in pending actions in order to protect the administration of justice.

  A subsequent action to enforce the statutory right to copies at a reasonable rate is generally not permitted and, absent extraordinary circumstances, the court in the action in which the dispute arises is the only court to decide the issue. See, Las Canoas v. Kramer.