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The Proper Use of a Deposition

This is from the Texas Bar Journal. For those who are not lawyers, the federal rules state that a deposition of a party opponent may be used for any purpose.

This marvelous contribution, from District Judge Martin B. McGee (District 19-A, Cabarrus County, N.C.), was confirmed with the counsel involved (Ms. Olshner) and subsequently posted on Lexis Counsel Connect.

The transcript is from Birmingham, Ala., although the use of a deposition of a party opponent “for any purpose†is also in the federal rules. We have no word on what happened immediately prior to this exchange:

THE COURT: Next witness.

MS. OLSCHNER: Your Honor, at this time I would like to swat Mr. Buck in the head with his client’s deposition.

THE COURT: You mean read it?

MS. OLSCHNER: No, sir. I mean to swat him [on] the head with it. Pursuant to Rule 32, I may use the deposition “for any purpose†and that is the purpose for which I want to use it.

THE COURT: Well, it does say that.

(Pause). . .

THE COURT: There being no objection, you may proceed.

MS. OLSCHNER: Thank you, Judge Haynes.

(Whereupon Ms. Olschner swatted Mr. Buck in the head with a deposition…)

MR. BUCK: But Judge…

THE COURT: Next witness.

MR. BUCK: We object.

THE COURT: Sustained.
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