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Next Witness
The following portion of a transcript, which was confirmed with 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 [on] 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.
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