Who Pays for Expert Depos in TPR Cases?

This case presents this question: As between two agencies funded by state government, which should bear the responsibility for an expert witness fee incurred in a deposition taken in a termination of parental rights proceeding? In the absence of any statutory direction, we hold that the Florida Rules of Juvenile and Civil Procedure apply to make the agency seeking the deposition responsible for payment.

Dr. Philip Colaizzao, M.D. v. Office of Criminal Conflict and Civil Regional Counsel, — So.3d —-, 2012 WL 832629 (Fla. 4th DCA 2012). 

You pay. The court notes, however, in a footnote, that if an executive director of CPT is a state employee, then maybe things are different. Judicial restraint in action, the doctor gets paid this time.


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