Payment of Travel Expenses of Defendant and Counsel to Attend Depositions in Criminal Matters Taken at the Request of the Government

Pursuant to Federal Rule of Criminal Procedure 15(d), if a deposition was requested by the government, the court may order the government to pay (1) any reasonable travel and subsistence expenses of the defendant and the defendant’s attorney to attend the deposition, and (2) the costs of the deposition transcript. Where the court determines that the defendant is personally unable to bear the deposition expenses, the court must order the government to pay these expenses, regardless of who requested the deposition. Where the USAO is the prosecuting office and the government is directed by the court to pay such costs under Rule 15, the expenses will be considered litigative expenses chargeable against the United States Attorneys’ appropriation. The defendant and his/her counsel will be reimbursed for “reasonable expenses,” i.e., only those expenses for which a government employee traveling under government travel regulations would be reimbursed.

Note.

Rule 15 does not specifically address other ancillary costs of a deposition, for example, an attendance fee for the reporter; videography; or payment of a special master appointed under 18 U.S.C. § 3507. Depending on the circumstances, the government may advocate for shared or full payment of such ancillary costs by the defendant (including indigent defendants, whose share would generally be paid pursuant to the Criminal Justice Act).

[updated February 2018]