Plaintiffs are convicted defendants who bring this action for breach of contract alleging that they had a cooperation agreement with the Government requiring that they be placed in the United States Marshal’s Witness Protection Program. The Government denies such an agreement was made. Plaintiffs, who are incarcerated and are proceeding in forma pauperis, move for an order directing the defendant to advance stenographic costs of three depositions plaintiffs’ attorney wishes to take. Plaintiffs contend that these depositions are “critical to the proper advancement of [their] claim,” (Plaintiffs’ Memorandum at 1), and that they cannot afford the stenographic expense. Defendant contends that there is no basis for plaintiffs’ request and that it is improper to force it to advance such discovery expenses. Plaintiffs’ motion is denied.
Litigants generally bear their own deposition expenses initially. The exceptions to this rule are few. While the prevailing party in an action may recover certain deposition expenses from the opposing party, including stenographic and transcription costs, see, e.g., 28 U.S.C. § 1920(2), Cooke v. Universal Pictures Co.,
The application of this rule is particularly appropriate when, as here, the need for the expenditure sought is doubtful and reasonable, less-costly alternatives exist. Plaintiffs have not shown why a stenographer and transcript are needed to prepare adequately for trial. The discovery purpose of the depositions sought is served if plaintiffs subpoena the necessary witnesses and examine them under oath. By doing so they will learn what the witness’s testimony will be. A transcript of the proceedings is an unnecessary luxury. The rules permit the preservation of deposition testimony by tape recordings, see Rule 30(b) Fed.R.Civ.P. If it is necessary to preserve an answer of a party, the plaintiffs may also serve written interrogatories.
Nor does the in forma pauperis statute, 28 U.S.C. § 1915, require the Government to advance funds for deposition expenses. See Toliver v. Community Action Commission To Help The Economy,
The authorities on which plaintiffs rely do not support their motion; indeed, they rather suggest the contrary. In Hayes v. Smith,
It is sometimes appropriate to shift or reallocate travel expenses for reasons of fairness. It is a different matter to require a defendant to pay for the plaintiff’s transcripts.
Motion denied.
