# Justice Manual § 3-8.210: Depositions

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S3-8.210

## Section

- **Citation:** Justice Manual § 3-8.210
- **Heading:** Depositions
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 3: EOUSA / 3-8.000 - Financial Management / Justice Manual § 3-8.210

## Text

As part of their employees’ litigative duties, United States Attorneys are authorized to incur the necessary expenses of taking depositions. If a salaried federal court reporter is used, the reporter is entitled to compensation for the production of the transcript only (attendance fees may not be paid). Payment of an attendance fee would be considered a violation of the prohibition against dual compensation. 5 U.S.C. § 5533. The salaried federal reporter is not controlled by the court-reporting law (see 28 U.S.C. § 753 and JM 3-8.420) as to charges for work not regulated by that statute. Payment to stenographers for services should be in accord with prevailing local rates.

Stenographic and notarial charges related to depositions for indigent persons are paid by the Department of Justice only in cases of fact witnesses.

Depositions to be taken in a foreign country must be channeled through the Department of State in the same manner as subpoenaing a witness who resides in a foreign country to appear in court.

The Office of International Affairs (OIA) in the Criminal Division, or the Office of Foreign Litigation (OFL) in the Civil Division, should be consulted in the case of depositions to be taken in the United States at the request of a foreign court.

If foreign witnesses are to be examined on the premises of the diplomatic or consular mission, arrangements should be made in advance with the Special Authorization Unit, JMD, to provide advance authority to the consular official to reimburse these witnesses in the same manner as those appearing in federal courts.

Deposition expenses of experts who will not be government witnesses must be paid as litigative expenses of the USAO.

[updated February 2018] [cited in
JM 3-1.200
]

## Nearby sections

- [Justice Manual § 3-8.100 Operational Expenses](https://www.frixlaw.com/law-library/statutes/JM_S3-8.100.md)
- [Justice Manual § 3-8.130 Expenditures and Obligations Under the Anti-Deficiency Act](https://www.frixlaw.com/law-library/statutes/JM_S3-8.130.md)
- [Justice Manual § 3-8.210 Depositions](https://www.frixlaw.com/law-library/statutes/JM_S3-8.210.md)
- [Justice Manual § 3-8.230 Foreign Counsel](https://www.frixlaw.com/law-library/statutes/JM_S3-8.230.md)
- [Justice Manual § 3-8.232 Foreign Witnesses](https://www.frixlaw.com/law-library/statutes/JM_S3-8.232.md)
- [Justice Manual § 3-8.240 Payment of Travel Expenses of Defendant and Counsel to Attend Depositions in Criminal Matters Taken at the Request of the Government](https://www.frixlaw.com/law-library/statutes/JM_S3-8.240.md)
- [Justice Manual § 3-8.250 Interpreters](https://www.frixlaw.com/law-library/statutes/JM_S3-8.250.md)
- [Justice Manual § 3-8.400 Appraisers and Masters](https://www.frixlaw.com/law-library/statutes/JM_S3-8.400.md)
- [Justice Manual § 3-8.420 Court Reporters](https://www.frixlaw.com/law-library/statutes/JM_S3-8.420.md)
- [Justice Manual § 3-8.430 Employment of Independent Reporters](https://www.frixlaw.com/law-library/statutes/JM_S3-8.430.md)
- [Justice Manual § 3-8.440 Employment of Additional Reporters in Lands Cases](https://www.frixlaw.com/law-library/statutes/JM_S3-8.440.md)
- [Justice Manual § 3-8.450 Grand Jury Reporting](https://www.frixlaw.com/law-library/statutes/JM_S3-8.450.md)
- [Justice Manual § 3-8.520 Expenses Incurred on Behalf of Indigent Defendants](https://www.frixlaw.com/law-library/statutes/JM_S3-8.520.md)
- [Justice Manual § 3-8.550 Expenses Requiring Prior Authorization](https://www.frixlaw.com/law-library/statutes/JM_S3-8.550.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S3-8.210. Check the current official text before relying on it. Not legal advice.