Tuesday, October 6, 2020

Using a Deposition: Rule 32 - Humor

 

This from the Texas Bar Journal (from a trial transcript):

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 swat him in the head with it. Pursuant to Rule 32, I may use this deposition for any purpose, and that is the purpose for which I want to use it.
The Court: Well, it does say that. (pause) There being no objection, you may proceed.
Ms. Olschner: Thank you, Judge Hanes. (whereupon Ms. Olschner swatted Mr. Buck in the head with the deposition.)
Mr. Buck: But, Judge.
The Court: Next witness.
Mr. Buck: We object.
The Court: Sustained. Next witness.

Endnote

Federal Rule of Civil Procedure 32(3) Deposition of Party, Agent, or Designee. An adverse party may use for any purpose the deposition of a party or anyone who, when deposed, was the party's officer, director, managing agent, or designee under Rule 30(b)(6) or 31(a)(4).




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