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only if a showing of the kind required by section (c) (d) of this
Rule is made.
(3) Fees and Expenses of Deposition
Unless the court orders otherwise on the ground of
manifest injustice would result, the party seeking discovery: (A)
the court shall require that the party seeking discovery shall
pay the each expert a reasonable fee, at a rate not exceeding the
rate charged by the expert for time spent in responding to
discovery under subsections (e)(1)(B) and (e)(2) of this Rule
preparing for a deposition, for the time spent in attending a
deposition and for the time and expenses reasonably incurred in
travel to and from the deposition; and (B) with respect to
discovery obtained under subsection (e)(1)(B) of this Rule the
court may require, and with respect to discovery obtained under
subsection (e)(2) of this Rule the court shall require, the party
seeking discovery to pay the other party a fair portion of the
fees and expenses reasonably incurred by he latter party in
obtaining findings and opinions from experts when obtaining
discovery under subsection (f)(2) of this Rule, shall pay each
expert a reasonable fee for preparing for the deposition.
Source: This Rule is derived as follows:
Section (a) is derived from former Rule 400 c and FRCP the 1980
version of Fed. R. Civ. P. 33 (b).
Section (b) is new and is derived from the 2000 version of Fed.
R. Civ. P. 26 (b)(2).
Section (b) (c) is new and is derived from FRCP the 1980
version of Fed. R. Civ. P. 26 (b)(2).
Section (c) (d) is derived from former Rule 400 d.
Section (d) (e) is derived from former Rule 400 e.
Section (e) (f)
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