Stokes v. Byars

Filing 118

ORDER: The United States Marshal for the District of South Carolina shall pay all fees for Petitioner's fact witnesses appearing pursuant to subpoena, including travel expenses, court reporter fees, and Petitioner's copy of deposition transcripts. Second, witness fees, travel expenses, court reporter fees, and transcript copy costs for any depositions noticed by Respondents shall be paid by the State of South Carolina. The State of South Carolina shall also pay for Respondents' transcript copy of any deposition noticed by Petitioner. Signed by Honorable R Bryan Harwell on 7/21/2017. (mwal)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA

SAMMIE LOUIS STOKES,
Petitioner,
v.

Case No.: 1:16-cv-00845-RBH-SVH

BRYAN P. STIRLING, Director, South
Carolina Department of Corrections; and
JOSEPH MCFADDEN, Warden, Lieber
Correctional Institution,
Respondents.
ORDER RE: DEPOSITION-RELATED EXPENSES
The parties have identified individuals they intend to depose pursuant to the Court's
Order of March 30, 2017, granting evidentiary development on a number of Petitioner's claims.
In the instant Order, the Court sets forth its expectations regarding the costs associated with
taking depositions.
First, pursuant to 28 U.S.C. § 1825(b), the United States Marshal for the District of South
Carolina shall pay all fees for Petitioner's fact witnesses appearing pursuant to subpoena,
including travel expenses, court reporter fees, and Petitioner's copy of deposition transcripts. See
also Advisory Committee Notes to Rule 6 of the Rules Governing Section 2254 Cases (citing
Opinion of Comptroller General, No. B-139703, 53 Comp. Gen. 638, 640 (Feb. 28, 1974));
Guide to Judiciary Policy, Volume 7, § 320.40.20.
Second, witness fees, travel expenses, court reporter fees, and transcript copy costs for
any depositions noticed by Respondents shall be paid by the State of South Carolina. The State
of South Carolina shall also pay for Respondents' transcript copy of any deposition noticed by
Petitioner. See generally Rule 12 of the Rules Governing Section 2254 Cases; Fed. R. Civ. P.
26(b)(4)(E); Fed. R. Civ. P. 30(b)(3)(A).

The Clerk is directed to send a copy of this Order to all parties.
It is so ORDERED.
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
Date: July 20, 2017