Ferry v. Sackett

In a single issue, the Ferrys challenge the trial courts order granting appellees expenses incurred in conducting depositions on written questions as taxable costs. The Ferrys argue parties are responsible for their own litigation expenses unless there is specific authority establishing otherwise. Because there is no explicit rule or statute allowing for the taxing of costs against a losing party for depositions on written questions, they contend the trial court erred in ordering such costs. Appellees respond that under the Texas Rules of Civil Procedure and Texas Civil Practice and Remedies Code depositions, whether by stenographic means or upon written questions, are taxable court costs. We affirm.