The following portion of a transcript, which was confirmed
with one of the counsel involved (Ms. Olschner) and subsequently
was 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.
