Holliday v. Illinois State Police et al

Filing 38

ORDER denying 30 Motion for written discovery and depositions. Signed by Magistrate Judge Stephen C. Williams on 2/27/2013. (anj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RUSSELL HOLLIDAY,
Plaintiff,
vs.
DONALD “JASON” RAMERT, PAUL
KILQUEST, DAN HILL, and TIM LAY,
Defendants.

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Case No. 12-cv-1060-MJR-SCW

MEMORANDUM AND ORDER
WILLIAMS, Magistrate Judge:
Before the Court is Plaintiff’s Motion for Leave to Conduct Written Discovery
Including Depositions by Written Questions (Doc. 30). Specifically, Plaintiff seeks to conduct
written discovery on defendants as well as non-defendants. He also seeks to conduct depositions by
written questions, although he does not indicate who he wishes to depose.
As to Plaintiff’s request to conduct written discovery, Plaintiff may conduct written
discovery by interrogatories or request to produce at any time per the Court’s Trial Practice Schedule
(Doc. 23). For more on discovery deadlines, Plaintiff should refer to the Trial Practice Schedule
(Doc. 23). As to Plaintiff’s request to seek information from non-defendants, Plaintiff has not
indicated the information that seeks or from who. The Court instructs Plaintiff that he must seek any
discoverable information from Defendants through proper interrogatories or requests to produce.
Plaintiff also seeks to depose individuals by written questions. The Court notes that
Plaintiff has not indicated who he wishes to seek depositions of or whether those individuals are
parties or non-parties. FEDERAL RULE OF CIVIL PROCEDURE 31 sets forth the proper method for
seeking depositions by written questions. Plaintiff does not require leave of court to conduct a

deposition by written questions.

Should Plaintiff decide to proceed with a deposition of the

Defendant by written questions, the Court notes that Plaintiff must comply with all the requirements
set forth in Rule 31. Plaintiff must provide notice to the parties. FED.R.CIV.P. 31(a)(3). Plaintiff
must also deliver a copy of the questions to be asked to the deposition officer, as described in
FEDERAL RULE

OF

CIVIL PROCEDURE 28(a), who will conduct the deposition by taking the

deponent’s testimony in response to the questions, prepare and certify the deposition, and send the
deposition to the parties. FED.R.CIV.P.31(b). Should Plaintiff seek to depose Defendants in this
case, he needs to provide Defendants with notice of his intent to depose them and confer with
Defendants as to whether they can be deposed at the prison. Further, the Court notes under
FEDERAL RULE OF CIVIL PROCEDURE 30(b)(3)(A) that the party noticing the deposition bears the
recording costs. The Court has no authority to provide or pay for discovery expenses even though
the Plaintiff has been granted in forma pauperis status. See Stewart v. Walker, Case No. 05-1210,
2007 WL 3348259, at *2 (N.D. Ill. November 5, 2007) (quoting Smith v. Campagna , Case No.
94-C-7628, 1996 WL 364770, at *1 (N.D. Ill. June 26, 1996). The Court will not Order Defendants
or anyone else to pay for the recording costs.
To the extent that Plaintiff seeks to depose any non-defendants, he also does not need
leave of the Court to take such a deposition. The Court has already stated it will not bear, nor order
the Defendants to bear, the costs of recording any deposition. In the case of a non-party, the Plaintiff
should also be aware that he must secure the witnesses testimony through, and bear the cost of, a
subpoeana for the witnesses’ deposition testimony. FED.R.CIV.P. 30(a)(1) & 45.
Should Plaintiff wish to conduct any deposition, prior to scheduling a deposition, he
must provide notice showing that he is financially able to pay the court reporting services and that he
has secured the services of a court reporter. If Plaintiff has demonstrated that he has the necessary
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funds and has secured a court reporter, and after conferring on the matter, should the parties have
difficulty obtaining a location at the prison to conduct the depositions, the parties should contact the
Court for assistance in setting up a deposition of Defendants. Thus, the Court DENIES without
prejudice Plaintiff’s motion for discovery.

IT IS SO ORDERED.
DATED: February 27, 2013.
/s/ Stephen C. Williams
STEPHEN C. WILLIAMS
United States Magistrate Judge

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