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March 14, 2005

Getting a bit chippy during a deposition in Texas

The following is a lively exchange at the end of a recent deposition in a Texas civil case:

Lawyer 1: "Mr. Lawyer 2, if you ever imply that I manufactured testimony again, I'll fucking kick your ass. I'll do it right here in front of all these attorneys, okay? Because we're off the record. Did you hear what I said?"

Lawyer 2: [To the Court reporter] "Did you get that on the record?"

Lawyer 1: "No, it's not on the record. I said 'we're off the record, end of deposition.'"

The Reporter: "You have to agree, per the Rules. I mean, that's just my -- I'm sorry."

Lawyer 1: "That's fine. Whatever."

Here is the motion for sanctions resulting from this exchange.

Key litigation tip for Texas lawyers -- don't threaten to kick your opposing counsel's ass during a deposition. However, if you do, it's generally better to do so off the record. ;^)

Hat tip to Evan Schaeffer for the link to this instructive deposition exchange.

Posted by Tom at March 14, 2005 7:35 AM |

Comments

Oh my God...quick lesson in what NOT to do. Do I miss litigation? Not one bit.

Tom, I'll send you this thing thats been going around on the worst oral argument ever

Posted by: Jay at March 15, 2005 1:03 PM

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