Obtaining Witnesses in Prisoner Cases (From Prisoners and the Law, P 12-3 to 12-25, 1985, by Ira P Robbins, ed. - See NCJ-100564)

• NCJ Number: 100572
• Author(s): K Sinclair; D R Wolin
• Date Published: 1985
• Length: 23 pages
• Sale Source: Clark Boardman Company, Ltd
• Publication Type: Issue Overview
• Language: English
• Country: United States of America

Annotation

In addition to presenting legal arguments for the waiver of witness fees for indigent inmate plaintiffs, this article discusses plaintiffs' presence at trial, subpoena power for witnesses, depositions, and witness transportation.

Abstract

Case law, statutory analysis, and legislative history provide strong support for a Federal court's serving a witness subpoena without prepayment of witness and mileage fees. After testifying, the witness would have a claim for such fees from the plaintiff, and the court could direct the marshal to collect them. There is also legal authority for requiring the Federal Government to bear witness expenses on a showing of merit and materiality. In inmate civil suits, the plaintiff must generally attend the trial, although his/her presence may not be required at pretrial proceedings. Witness subpoenas will usually be issued to correctional authorities to deliver inmate witnesses provided the plaintiff can show the materiality of the testimony. Depositions, at the plaintiff's expense, are permitted. The Marshals Service is responsibile for transporting witnesses. Sample orders are appended. 102 notes.