Rule 28. Costs
Oklahoma Statutes AnnotatedTitle 85. Workers' Compensation
T. 85, Ch. 4, App., Rule 28
Rule 28. Costs
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.
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.
Credits
Formerly Rule 36, adopted July 12, 1990, effective November 1, 1990. Amended June 22, 1995, effective July 1, 1995; September 29, 1997, effective November 1, 1997; February 22, 2000, effective April 15, 2000; January 22, 2002, effective March 1, 2002. Corrected effective February 6, 2002. Renumbered Rule 28, amended effective January 30, 2006. Amended effective March 6, 2012.
Workers' Compensation Rule 28, 85 O. S. A. Ch. 4, App., OK ST WORK COMP Rule 28
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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