Short answer. Yes to both. Rule 23, Section 22 entitles any party to the case, and separately the deponent personally, to obtain a copy of the deposition transcript from the officer who took it. That copy is not free — it comes upon payment of reasonable charges for producing it — but once those charges are paid, the officer must furnish it.
What the law says
Upon payment of reasonable charges therefor, the officer shall furnish a copy of the deposition to any party or to the deponent.
Rule 23, Section 22 — Furnishing copies. Read the full provision →
Who can request a copy
The right to a copy is not limited to the party who noticed the deposition or the party who conducted the examination. Any party to the action, as well as the deponent personally, can request one from the officer who took the deposition. This broad entitlement means a deponent who is not even a party to the case — a mere witness called to testify — still has an independent right to obtain their own transcript, separate from whatever copies the litigating parties order for themselves.
The cost condition
The copy is not automatically free — it comes 'upon payment of reasonable charges' for producing it — but once those charges are paid, the officer cannot refuse a properly requesting party or deponent. The charges must be reasonable, tied to the actual cost of producing the copy such as transcription and reproduction, not an arbitrary fee the officer sets to discourage requests. Nothing in the rule requires the requesting party to justify the request or obtain the other parties' consent first.
Why deponents get this right too
Extending the entitlement to the deponent recognizes that someone who gave sworn testimony has their own independent interest in reviewing what was recorded, separate from whatever interest the litigating parties have in the case. A deponent may want the transcript to verify their answers were accurately recorded, to prepare for trial testimony that should remain consistent with what they said under oath, or simply to keep a personal record of sworn statements given in a proceeding they may not otherwise control.
Requesting the copy in practice
Nothing in the section requires the request to go through the litigating parties or the court; the deponent can approach the officer who administered the deposition directly. This keeps the process simple and avoids turning a routine administrative request into a discovery dispute that would otherwise need court intervention to resolve. It also means a deponent does not need to wait for trial, or for the case to reach a particular stage, before asking the officer for a copy of what they said.
Related provisions
- Rule 23, Section 22 — Furnishing copies
- Rule 23, Section 27 — Notice of filing and furnishing copies