1.9 Costs arising from oral proceedings or taking of evidence 

As a rule, the parties to proceedings before the EPO meet the costs they have incurred. In opposition proceedings, the competent body may nevertheless decide for reasons of equity (see D‑IX, 1.4) to apportion in some other way the costs arising for the parties in respect of oral proceedings or taking of evidence (see D‑IX, 1) and the costs arising for the EPO in respect of witnesses and experts (see E‑IV, 1.10). The competent body may make the taking of evidence conditional on the deposit of an amount with the EPO by the party who requested that the evidence be taken. This amount is to be fixed by reference to an estimate of the costs. This procedure is applied where, at the request of a party to grant or opposition proceedings, evidence is to be taken by hearing witnesses or obtaining an expert opinion, unless no costs will arise because the witnesses or experts have waived their right to indemnification. If the party requesting that evidence be taken does not deposit the amount required, the evidence need not be taken. In opposition proceedings, the party requesting the evidence bears the costs of indemnifying witnesses or experts unless the costs are to be apportioned differently under Art. 104(1) in conjunction with Rule 88 for reasons of equity. Any shortfall between the deposit lodged and the amounts payable by the EPO under Rule 122(4), second sentence, is fixed by the EPO of its own motion. Any unused amount of the deposit lodged is refunded. The EPO meets its own internal costs of holding oral proceedings or taking evidence, e.g. any associated staff travel and subsistence costs.