United States District Court, S.D. Illinois
October 11, 2005.
MARK ELAM and KATHY ELAM, Plaintiff,
THE RAYMOND CORPORATION, Defendant.
The opinion of the court was delivered by: DONALD WILKERSON, Magistrate Judge
This matter is before the Court on the Motion to Issue a
Subpoena to Compel the Appearance of Robert Huntley at Deposition
(Doc.40) filed by the plaintiffs, Mark Elam and Kathy Elam on
September 16, 2005. On October 6, 2005, the Court held a
telephonic conference regarding this matter. The Motion is
The Court has the authority to issue a subpoena to "a national
or resident of the United States who is in a foreign country . . .
if the court finds that particular testimony . . . is necessary
in the interest of justice, and . . . it is not possible to
obtain his testimony in admissible form without his personal
appearance . . ." 28 U.S.C. § 1783(a). The Court finds that Mr.
Huntley is a resident of Greene, New York and a United States
citizen, who is presently in Canada. The Court also finds that
the testimony of Mr. Huntley is necessary in the interests of
justice and that it is not possible to obtain Mr. Huntley's
testimony in admissible form without his personal appearance.
Based on the foregoing, this Court's authorizes the issuance of
a subpoena pursuant to 28 U.S.C. § 1783(a). Mr. Huntley is to
appear at Czerenda Court Reporting Transcription Center, 71 State Street, Binghamton, New York, 13901 on Tuesday, October
25, 2005 at 10:00 a.m., eastern time. The Court further ORDERS
plaintiffs to tender to Mr. Huntley the necessary travel and
appearance expenses in the amount of $19.45 upon service of said
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