Gress v. ND, L.L.C. et al
ORDER by Magistrate Judge Charles S. Miller, Jr granting 45 Motion for Witness to Appear by IVN; denying 33 Motion to Transport Witness. (ZE)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Amanda Gress, individually, and as
Personal Representative of the Estate of
Michael Gress, deceased,
ND, L.L.C. and Community Counseling
and Correctional Services, Inc., d/b/a
Bismarck Transitional Center,
Case No. 1:16-cv-005
On June 12, 2017, plaintiff filed a “Motion to Transport Witness.” The trial in the abovecaptioned action is scheduled to commence on July 24, 2017. Plaintiff advises that she intends to
call James Nemec, an inmate at the North Dakota State Penitentiary (“NDSP”), as a witness and
requests that the court order his transport by law enforcement to the courthouse on July 25, 2017,
The court, in its discretion, is not inclined to order the transport of Nemec as initially
requested by plaintiff given the attendant logistical and security issues and in light of the fact there
are other ways of obtaining his testimony for trial, a trial deposition being one example.
Accordingly, plaintiff’s “Motion to Transport Witness” (Doc. No. 33) is DENIED.
On June 28, plaintiff filed a “Request for Witness to Appear by IVN.” She requested that
Nemec be allowed to appear and testify live via video conference from the NDSP. Plaintiff did not
indicate, however, whether she had obtained the NDSP’s permission and whether it would make the
necessary equipment available if it has the necessary equipment.
The court has no objection to Nemec appearing by video to provide testimony if the NDSP
has the equipment and is willing to make it available. However, when court’s staff contacted the
NDSP, it forwarded the attached as being their policy with respect to the appearance of prisoners in
civil cases. This does not appear to include appearance by video.
Consequently, the court will GRANT the motion (Doc. No. 45) to allow Nemec to appear
by video conference but only if plaintiff can arrange for it with the NDSP and subject to our being
able to test the equipment to insure it is compatible with our video equipment.
IT IS SO ORDERED.
Dated this 30th day of June, 2017.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court
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