Grillo v. Cambridge
Plaintiffs who object to an expert’s fee for a deposition are supposed to object before the deposition. The defendants disclosed Dr. Andrew Bazos as an expert in the plaintiffs’ suit against Dr. William Cambridge. In June 2013, the plaintiffs deposed Dr. Bazos for 135 minutes, and Dr. Bazos billed $2,250, or $1,000 per hour, which was the amount he would have earned if he had been working at his office for 135 minutes. The plaintiffs moved for a decision from the court on deposition fees. The court observed that the plaintiffs were supposed to stipulate to Dr. Bazos’ fee or to object to Dr. Bazos’ fee prior to the deposition. “The effect of taking an expert witness’s deposition without knowing the basis for his or her fee and expenses beforehand,” wrote the court, “and then challenging the witness’s fees and/or expense after the deposition seems to this court to be unfair and to invite unnecessary and potentially vexatious litigation over such fees and expenses.” The court decided that Dr. Bazos’ reasonable expert’s fee for the deposition was $2,250.