A. The party who takes the deposition of a witness or of a party shall bear all expenses thereof, including the cost of transcription, except as otherwise provided. The party responsible for the deposition expenses shall furnish upon request to the adverse party or parties, free of charge, one paper copy of the transcribed deposition. If the deposition was recorded on videotape or by other nonstenographic means, the party responsible for the deposition expenses shall also furnish upon request to the adverse party or parties, free of charge, one copy of the videotape or other recording of the deposition. A party desiring to have deposition or other taxable costs taxed to the opposing party in the case must file a motion to tax costs.B. A fee of One Hundred Forty Dollars ($140.00) per case, including any compromise settlement, shall be collected by the Court Administrator pursuant to 85 O.S., Section 368(A) and paid by the party against whom any award becomes final.C. A fee of One Hundred Thirty Dollars ($130.00) per action to reopen any case shall be collected by the Court Administrator pursuant to 85 O.S., Section 368(B), from the party filing a Form 9 seeking to reopen.D. When a hearsay objection and request for cross-examination is timely filed to the medical report of a court-appointed independent medical examiner, a court-appointed vocational rehabilitation evaluation report, or to a report of a court-appointed medical case manager, the claimant is responsible for scheduling the deposition regardless of which party objects. The respondent shall choose the court reporter. All costs associated with the deposition shall be borne by the respondent regardless of which party asserts a hearsay objection.E. Rule 44 governs reimbursement of a court-appointed independent medical examiner for medical testimony given in person or by deposition. Pursuant to 85 O.S., Section 327(F), a treating physician's charges for preparation for or medical testimony given in person or by deposition shall not exceed Four Hundred Dollars ($400.00) per hour. Other reimbursement related to a treating physician's medical testimony is governed by the Court's Schedule of Medical and Hospital Fees. The fee schedule also governs reimbursement for medical testimony by a physician other than a court-appointed independent medical examiner.F. The Court shall impose the total cost of any proceeding, including attorney fees, against a party who is determined to have unreasonably brought the proceeding or to have unreasonably denied benefits, including medical benefits.G. The assigned trial judge in a matter referred to mediation may for good cause shown assess costs, attorney fees and sanctions as provided in 85 O.S., Section 321(I).Okla. Stat. tit. 85, § 28
Adopted by order of the Supreme Court, 1997 OK 130, eff. 11/1/1997; Amended by order of the Supreme Court, 2000 OK 13, eff. 4/15/2000; Renumbered from former Rule 36 and amended by order of the Supreme Court, 2006 OK 6, eff. 1/30/2006. Amended by order of the Supreme Court, 2012 OK 19, eff. 3/6/2012 .