Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Kelly v. Null

July 2, 2009

RICHARD B. KELLY, PLAINTIFF,
v.
JACOB NULL, DEFENDANT.



The opinion of the court was delivered by: Proud, Magistrate Judge

ORDER

Before the Court is plaintiff's motion for permission to take depositions at trial, and for the Court to forego taking motions for summary judgment because plaintiff cannot afford a court reporter to record depositions. (Doc. 109).

Plaintiff is under the mistaken belief that he cannot record witness statements in any manner other than deposition. Federal Rule of Civil Procedure 31 provides for deposition by written questions. Federal Rule of Civil Procedure 56, regarding motions for summary judgment, makes clear that answers to interrogatories, admissions on file and affidavits may also be used to support or defend a motion for summary judgment. Many litigants, even those not proceeding as paupers and who are not imprisoned, cannot afford depositions. That fact does not alter a party's right to seek summary judgment.

IT IS THEREFORE ORDERED that the subject motion (Doc. 109) is DENIED.

IT IS SO ORDERED.

CLIFFORD J. PROUD U. S. MAGISTRATE JUDGE

20090702

© 1992-2009 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.