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To: All Staff 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. more...

Bill, a prominent southern California business man, got stuck in a traffic jam for the N-th day in a row and decided there and then that he had had enough. He made up his mind to liquidate his assets and buy a ranch in the middle of Nowhere Wyoming. Which he did.
He bought a ranch complete with a rather run down ranch house and set about to getting the ranch house up to code. He spent several months doing nothing but construction work.
One day he saw someone riding towards him over a far off hill. The rider eventually got up to the ranch house and introduced himself as Bill's nearest neighbor, and said he had been planning to come over and exchange greeting, but wanted to wait for Bill to get settled in.
Bill was pretty excited, as he hadn't really had any human contract for several months now, which was quite a change from his former life.
After exchanging greetings, Bill asked his neighbor "what do youall do for some fun around here"?
The neighbor more...

When they say and what they really mean...

* SOPHISTICATED CITY LIVING - Next to a noisy bar.

* OLD WORLD CHARM - Has some woodwork, needs cleaning.

* CONTEMPORARY FEELING - Has no woodwork, needs cleaning.

* CLOSE TO LAKES - Impossible to park from April to October.

* WIDE OPEN FLOOR PLAN - Previous owner removed supporting walls.

* SECURITY SYSTEM - Neighbor has a dog.

* NEEDS TLC - Major structural damage.

* UPDATED KITCHEN - Sink no longer overflows.

* MOTIVATED SELLER - Has been on the market for 14 years.

* CONVENIENT - Located on freeway entrance ramp.

* MINT - Someone has spilled mouthwash on the carpet.

* NEUTRAL DECOR - No murals of nudes, or Elvis, but has brown walls.

* MOVE IN CONDITION - Front door missing.

* COZY - No room larger than 9 x 6.

* LOWER LEVEL FAMILY ROOM - Ping Pong table over sewer more...

A woman called the Cannon help desk with a problem with her printer. The tech asked her if she was "running it under Windows."

The woman then responded, "NO, my desk is next to the door. But that's a good point...

The man sitting in the cubicle next to me is under a window, and his is working just fine."

An astronomer on an extended lecture tour became weary of delivering the same lecture night after night. He confided this state of mind to his chauffeur as they were driving to their next destination. The chauffeur expressed a similar boredom in his line of work.

"I've got it!" said the astronomer. "You are bored with driving and I'm weary of lecturing. Let's exchange places for one night. It will be a refreshing change for both of us. My lecture is all written out word for word and nobody in the next town knows me by sight anyway."

The driver agreed and the exchange of roles and dress was made. That night, the lecture hall filled to capacity. At the appointed time those in attendance heard a flawlessly delivered lecture. At its conclusion the lecturer basked in the euphoric applause. Then came the question and answer period.

"Who discovered Uranus?" came from a boy in the front.

"Uh, William more...

Ever notice how a 4 year old's voice is louder than 200 adult voices?

Several years ago, I returned home from a trip just when a storm hit, with crashing thunder and severe lightning. As I came into my bedroom about 2 a. m., I found my two children in bed with my wife, Karey, apparently scared by the loud storm. I resigned myself to sleep in the guest bedroom that night. The next day, I talked to the children, and explained that was O. K. to sleep with Mom when the storm was bad, but when I was expected home, please don't sleep with Mom that night?

They said OK.

After my next trip several weeks later, Karey and the children picked me up in the terminal at the appointed time. Since the plane was late, everyone had come into the terminal to wait for my plane's arrival, along with hundreds of other folks waiting for their arriving passengers.

As I entered the waiting area, my son saw me, and came running shouting "Hi Dad! I've got some more...

A man is driving down a deserted stretch of highway when he notices sign out of the corner of his eye. It reads: Sisters of St. Francis House of Prostitution, 10 Miles.

He thinks it's a figment of his imagination and drives on without second thought. Soon he sees another sign, which says: Sisters of St. Francis House of Prostitution, Next Right.

His curiosity gets the best of him and he pulls into the drive. On the far side of the parking lot is a stone building with a small sign next to the door reading: Sisters of St. Francis.

He climbs the steps and rings the bell. The door is answered by a nun in a long black habit who asks, "What may we do for you, my son?".

He answers, "I saw your signs along the highway, and was interested in possibly doing business."

"Very well, my son. Please follow me."

He does as he is told and another nun in a long habit, holding a tin cup, instructs, more...