Use of a Deposition

Discussion in 'Off-topic' started by Malum Prohibitum, Apr 11, 2007.

  1. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    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.

  2. slabertooch

    slabertooch New Member

    That is funny... sounds like something you would see on Boston Legal.

    Danny Krane!