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Prisoner's Letter Treated as Motion; Subpoena's Require Cost Prepayment; Plaintiff's Deposition to be Furnished by Defense
Prisoner's Letter Treated as Motion; Subpoena's Require Cost Prepayment;
Plaintiff's Deposition to be Furnished by Defense
A Pennsylvania federal district court treated a pro se prisoner plaintiff's
letter as a motion seeking subpoena deuces tecum and for a copy of his
deposition taken by the defendants. The Court denied the request for
subpoenas directed toward seeking documents from persons who were
non-parties to the suit. The prisoner, who was proceeding in forma pauperis,
had made no provision to advance costs of travel or the copying of
documents to be incurred by the non-parties. The court held that civil
litigants must pay the costs of discovery, and entered a protective order
on behalf of the parties until such time the prisoner could demonstrate an
ability to proceed with the discovery at his own expense. The court also
ordered the defendant's to furnish the prisoner a copy of the deposition
they caused to be taken of him when it's available. See: Badman v. Stark,
139 F.R.D. 601 (M.D. Pa. 1991).
Plaintiff's Deposition to be Furnished by Defense
A Pennsylvania federal district court treated a pro se prisoner plaintiff's
letter as a motion seeking subpoena deuces tecum and for a copy of his
deposition taken by the defendants. The Court denied the request for
subpoenas directed toward seeking documents from persons who were
non-parties to the suit. The prisoner, who was proceeding in forma pauperis,
had made no provision to advance costs of travel or the copying of
documents to be incurred by the non-parties. The court held that civil
litigants must pay the costs of discovery, and entered a protective order
on behalf of the parties until such time the prisoner could demonstrate an
ability to proceed with the discovery at his own expense. The court also
ordered the defendant's to furnish the prisoner a copy of the deposition
they caused to be taken of him when it's available. See: Badman v. Stark,
139 F.R.D. 601 (M.D. Pa. 1991).
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