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jazzfishA 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:
[Begin 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 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.]
[Begin 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 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.]