Copy and paste testimony?

Asked by ReportingInMaine {24}
6/4/2012 2:28:01 PM

Has anyone run into the situation where a single witness has been scheduled for more than one deposition and the attorneys have agreed to just repeat the first 30 or so pages which covers basically his background and professional experiences for another deposition in a separate case?  Any suggestions on an appropriate parenthetical to include. The attorney who noticed the deposition made a statement on the record and everyone agreed but I'm wondering if it would still be confusing to someone later. 

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Answered by IheartMultiCopy {936}
6/5/2012 1:08:07 PM

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Hi,

Will you be the reporter covering the other depos in which the stipulated to material will be inserted?

I would imagine they will make a statement at the beginning of each separate depo restating their stipulation to the prior testimony being part of the record. I would probably use a parenthetical like this:

(Whereupon, the following excerpt is testimony from Mr. X in a previous proceeding and has been stipulated to be included as part of this record as follows:)

Or something to that effect.

I would want the attorneys to make the stipulation again, though, on each separate depo as a CYA.

Hope this helps.



Answered by ReportingInMaine {24}
6/5/2012 3:43:19 PM

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Thank you both so much!  This is exactly what I've been trying to come up with for days, but just couldn't seem to get the wording quite right.  You have been so helpful!  



Comments from Facebook

Judy Eaton
(The following excerpt is taken from proceedings in re the matter of x vs. x dated xxx, pages x thru x, and hereby incorporated and made a part of this deposition.) Maybe someone can come up with somethg. else. I haven`t run into that.
Tuesday, June 05, 2012
Tanya McCreary
I have that happen often on worker`s comp deps where they have deposed the same doctor many times, and after the attorney states on the record which case the testimony is from, etc. I just type it as if it was testimony in the current matter.
Tuesday, June 05, 2012

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