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A Treating Physician Will Cost You

01 May 2003

The Supreme Court was presented with the issue of whether the trial court may assess as "costs" the fee charged by a nonparty treating physician for attending an evidentiary deposition and determined the trial court does not have such authority. Section 5-108 of the Illinois Code of Civil Procedure does not require or permit the trial court to tax as "costs" to the losing party, the professional fee charged by a nonparty treating physician for attending an evidence deposition. Furthermore, the Court found Rule 208 provides that the fees of a videographer and court reporter in the expert physician™s deposition can be recovered only if the deposition is necessarily used at trial. Vicencio v. Lincoln-Way Builders, Inc., No. 93687, 2003 Ill. LEXIS 769 (Il. S.Ct. April 17, 2003).

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