Costs of Deposition Borne By Government; When

Whenever a deposition is taken at the instance of the government, or whenever a deposition is taken at the instance of a defendant who is unable to bear the expense of the taking of the deposition, the court may direct that the expenses of travel and subsistence of the defendant and his attorney for attendance at the examination be tendered or paid by the government prior to the taking of the deposition. NOTE: Section 70.60 continues a portion of former Rule 15(c). Because a deposition may now also be taken at the request of the government, § 70.60 makes clear that in these cases also, the defendant is entitled to the expenses he incurs in attending the deposition.