> To:       all attorneys
> Subject:  Depositions and Their Use
> 
> A friend sent me the following portion of a transcript, which was
> confirmed with one of the counsel involved (Ms Olschner) and
> subsequently posted on Lexis Counsel Connect.  The transcript is from
> Birmingham, Alabama, 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 had 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 [in] 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 Hanes.
> (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.  Next witness.
> End transcript.


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