Who Pays for Deposition?

What is the name of your state? Michigan

I am a plaintiff (pro se) in a case in Arizona federal court. The defendant wants me to attend a deposition in Arizona, but won't pay my travel costs. Their attorney says I have to pay my own way because I filed suit in Arizona. Is this true? Doesn't the person who wants to take the deposition have to pay all costs? It is expensive to travel and also take time from work.

HELP!! Thanks.What is the name of your state?

You can try to get a telephone deposition or get a protective order if you cannot come to agreement as to where the deposition should be held with the requesting party. Generally, a party's deposition is taken in the district where he resides or is employed or has a place of business. There is some case law requiring "unusual circumstances" to justify putting a pary to the inconvenience of deposing them elsewhere.

Where the case is filed is not the key point. Travel fees may be negotiated for the convenience of the parties. (Your cost of travel v. theirs.)

Generally, no, there is no rule that the person requesting the deposition pay any costs (travel or otherwise) for the deposition of the other party.

They will need permission from the court to compel you to have your deposition taken in Arizona, because Michigan is more than 100 miles away from Arizona, and is thus outside the subpoena range. As suggested, you can try to negotiate a telephone deposition.

However, because you are the plaintiff, and the party to the lawsuit, my guess is that the court will be likely to grant a motion by defendant to compel an in-person deposition.

You should attempt to schedule your depositions for the same trip (if you are going to take any).

Note that the party requesting the deposition pays for the transcript, but you'll have to pay for a copy, as well.