EXHIBIT 8:1 Notice of Taking Deposition of a Witness ... · PDF fileEXHIBIT 8:1 Notice of...

EXHIBIT 8:1 ■ Notice of Taking Deposition of a Witness IncludingReference to Materials Designated in Attached Subpoena

[FED. R. CIV. P. Rule 30(b)(1)]

[Title of Court and Cause]

TO: [Attorney for Plaintiff][Law firm][Address]

PLEASE TAKE NOTICE that pursuant to Rule 30 of the Federal Rules of CivilProcedure, Plaintiff will take the oral deposition of _____ before a notary public orother authorized officer by stenographic means on [date], at _____ P.M. and there-after from day to day until completed, at the offices of [law firm name and address].Defendant requests that deponent bring to said deposition all documents describedin the attached ADDENDUM to Civil Subpoena.

____________________________Attorney for DefendantAddress: ____________________

Source: Reprinted with permission of West Group.

© 2008 Thomson Delmar Learning

EXHIBIT 8:2 ■ Subpoena for Taking Oral Testimony and Production of Documents (Duces Tecum)

A088 (Rev. 1/94) Subpoena in a Civil Case

Issued by the

UNITED STATES DISTRICT COURTDISTRICT OF

SUBPOENA IN A CIVIL CASEV.

Case Number:1

TO:

YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified belowto testify in the above case.

PLACE OF TESTIMONY COURTROOM

DATE AND TIME

YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a depositionin the above case.

PLACE OF DEPOSITION DATE AND TIME

YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at theplace, date, and time specified below (list documents or objects):

PLACE DATE AND TIME

YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.

PREMISES DATE AND TIME

Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or moreofficers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for eachperson designated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).

ISSUING OFFICER’S SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR DATEPLAINTIFF OR DEFENDANT)

ISSUING OFFICER’S NAME, ADDRESS AND PHONE NUMBER

(See Rule 45, Federal Rules of Civil Procedure, Parts C & D on next page)

1If action is pending in district other than district of issuance, state district under case number.


A088 (Rev. 1/94) Subpoena in a Civil Case

PROOF OF SERVICEDATE PLACE

SERVED

SERVED ON (PRINT NAME) MANNER OF SERVICE

SERVED BY (PRINT NAME) TITLE

DECLARATION OF SERVER

I declare under penalty of perjury under the laws of the United States of America that the foregoing information con-tained in the Proof of Service is true and correct.

Executed onDATE SIGNATURE OF SERVER

ADDRESS OF SERVER

Rule 45, Federal Rules of Civil Procedure, Parts C & D:

(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.

(1) A party or an attorney responsible for the issuance and service of asubpoena shall take reasonable steps to avoid imposing undue burden orexpense on a person subject to that subpoena. The court on behalf of whichthe subpoena was issued shall enforce this duty and impose upon the partyor attorney in breach of this duty an appropriate sanction which may include,but is not limited to, lost earnings and reasonable attorney’s fee.

(2) (A) A person commanded to produce and permit inspection andcopying of designated books, papers, documents or tangible things, or inspec-tion of premises need not appear in person at the place of production orinspection unless commanded to appear for deposition, hearing or trial.

(B)Subject to paragraph (d) (2) of this rule, a person commanded to pro-duce and permit inspection and copying may, within 14 days after service ofsubpoena or before the time specified for compliance if such time is less than14 days after service, serve upon the party or attorney designated in the sub-poena written objection to inspection or copying of any or all of the desig-nated materials or of the premises. If objection is made, the party serving thesubpoena shall not be entitled to inspect and copy materials or inspect thepremises except pursuant to an order of the court by which the subpoenawas issued. If objection has been made, the party serving the subpoena may,upon notice to the person commanded to produce, move at any time for anorder to compel the production. Such an order to comply production shallprotect any person who is not a party or an officer of a party from significantexpense resulting from the inspection and copying commanded.

(3) (A) On timely motion, the court by which a subpoena was issued shallquash or modify the subpoena if it

(i) fails to allow reasonable time for compliance,(ii) requires a person who is not a party or an officer of a party to

travel to a place more than 100 miles from the place where that person resides,is employed or regularly transacts business in person, except that, subject to

the provisions of clause (c) (3) (B) (iii) of this rule, such a person may in orderto attend trial be commanded to travel from any such place within the statein which the trial is held, or

(iii) requires disclosure of privileged or other protected matter andno exception or waiver applies, or

(iv) subjects a person to undue burden.

(B) If a subpoena

(i) requires disclosure of a trade secret or other confidentialresearch, development, or commercial information, or

(ii) requires disclosure of an unretained expert’s opinion or infor-mation not describing specific events or occurrences in dispute and resultingfrom the expert’s study made not at the request of any party, or

(iii) requires a person who is not a party or an officer of a party toincur substantial expense to travel more than 100 miles to attend trial, thecourt may, to protect a person subject to or affected by the subpoena, quashor modify the subpoena, or, if the party on whose behalf the subpoena isissued shows a substantial need for the testimony or material that cannot beotherwise met without undue hardship and assures that the person to whomthe subpoena is addressed will be reasonably compensated, the court mayorder appearance or production only upon specified conditions.

(d) DUTIES IN RESPONDING TO SUBPOENA.

(1) A person responding to a subpoena to produce documents shallproduce them as they are kept in the usual course of business or shall organ-ize and label them to correspond with the categories in the demand.

(2) When information subject to a subpoena is withheld on a claim thatit is privileged or subject to protection as trial preparation materials, the claimshall be made expressly and shall be supported by a description of the natureof the documents, communications, or things not produced that is sufficientto enable the demanding party to contest the claim.

EXHIBIT 8:2 ■ Subpoena for Taking Oral Testimony and Production of Documents (Duces Tecum) (continued)


EXHIBIT 8:3 ■ Sample Cover Letter to Records Custodian (Subpoena/HIPAA)

Dear Records Custodian:

Please find enclosed a subpoena duces tecum for you to provide us with a certified copy of the complete med-ical file on (patient) .

This letter is to assure you of our compliance with the privacy requirements of the Health Insurance Portabilityand Accountability Act [45 C.F.R. § 164.512(e)]:

1. a copy of the letter that provided notice of our intent to subpoena the patient’s medical records;2. sent with sufficient time (a specified deadline) to give the patient the opportunity to object to the sub-

poena; and3. our assurance that no objection has been raised by the specified deadline, which has expired.*

Please send a certified copy of the requested records to the address specified on the subpoena and bill us toget prompt reimbursement of your cost in producing the records.

Thank you,

____________Counsel

*Note: Some states may have additional requirements and/or may require that the custodian receive a Notice to Take Deposition withan option to produce the records without having to appear.


EXHIBIT 8:4 ■ Deposition Outline/Checklist (Plaintiff—Automobile)

PRELIMINARY INFORMATION

Title of Case ___________________________________

Court Number _________________________________

Deponent’s Name ______________________________

Place of Deposition _____________________________

Date ___________ Time _________________________

Lawyer(s) for Plaintiff(s)__________________________

______________________________________________

______________________________________________

______________________________________________

Lawyer(s) for Defendant(s)______________________________________________

______________________________________________

______________________________________________

______________________________________________

Lawyers in Attendance

___________________ for ________________________

___________________ for ________________________

___________________ for ________________________

___________________ for ________________________

___________________ for ________________________

Type of deposition: Evidence or Discovery __________

Is signature waived? ____________________________

Is witness sworn? ______________________________

Is a statement made for the record (e.g., the type ofdeposition or the rules by which it is beingconducted)?

______________________________________________

Make the following statement:

“If I ask any question that you do not understand,please tell me and I will rephrase it. Do you under-stand?”

IDENTIFICATION OF DEPONENT

Name ________________________________________

Address ______________________________________

City & State ___________________________________

Bus. Phone ________ Home Phone _______________

Names and addresses of people who will alwaysknow of deponent’s whereabouts:

______________________________________________

______________________________________________

Has deponent ever used an alias? ________________If yes, explain: _________________________________

Has deponent ever been convicted of a crime?

______________________________________________

If yes, explain: _________________________________

______________________________________________

______________________________________________

Has deponent been a party or witness in a lawsuit?

______________________________________________

If yes, explain: _________________________________

______________________________________________

______________________________________________

Social Security Numbers (last 4 digit) ______________

Driver’s License Number _________________________

Selective Service Number ________________________

Height ____ Weight ____ Sex _____________________

Color of eyes _______ Color of hair _______________

Race _________ Citizenship ______________________

Date of birth _____ Place of birth _________________

Mother’s maiden name __________________________

Further Details: ________________________________

______________________________________________

______________________________________________


Names and Addresses of Parents,Brothers and SistersName ______________ Relationship _______________Address ______________________________________City & State ___________________________________Name ______________ Relationship _______________Address ______________________________________City & State ___________________________________Name ______________ Relationship _______________Address ______________________________________City & State ___________________________________Name ______________ Relationship _______________Address ______________________________________City & State ___________________________________Others: _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

CHILDRENName _________________ Birth Date ______________Name _________________ Birth Date ______________Name _________________ Birth Date ______________Name _________________ Birth Date ______________Name _________________ Birth Date ______________Others: _______________________________________________________________________________________________________________________________________________________________________________________________________________________________Who supports the children? ______________________Educational background of deponent: _________________________________________________________________________________________________________Other special training: _______________________________________________________________________________________________________________________

Residence Addresses for the Past Ten YearsAddress ______________________ Dates __________City & State ___________________________________Address ______________________ Dates __________City & State ___________________________________Address ______________________ Dates __________City & State ___________________________________Address ______________________ Dates __________City & State ___________________________________Address ______________________ Dates __________City & State ___________________________________Marital Status __________________________________Spouse’s full name _____________________________Maiden name _________________________________Any other marriages? ___________________________If yes, explain: ___________________________________________________________________________________________________________________________________________________________________________Military Service Experience: ___________________________________________________________________Injuries in service: ____________________________________________________________________________Prior traffic convictions: ___________________________________________________________________________________________________________________________________________________________________Has driver’s license ever been revoked? ___________If yes, explain: ______________________________________________________________________________Does deponent have restrictions on driver’s license?______________________________________________If yes, explain: ______________________________________________________________________________Does the deponent carry liability insurance? ________Name of company ______________________________Policy number _________________________________Liab. limits ___________ Med. limits ______________Effective period ________________________________Did the deponent settle with any other personinvolved in this occurrence? (continued )

EXHIBIT 8:4 ■ Deposition Outline/Checklist (Plaintiff—Automobile) (continued )


______________________________________________If yes, explain: ____________________________________________________________________________________________________________________________Was any reimbursement received for medicalexpenses, loss of income, property damage, orWorkmen’s Compensation, or other? ______________If yes, explain: ______________________________________________________________________________Were any oral or written statements given? ________If yes, explain: _________________________________Were income tax returns filed in the past five years?______________________________________________Where? _________________ Jointly? ______________Does the deponent have copies? _________________Is deponent acquainted with or related to any partyin this suit?______________________________________________If yes, explain: ___________________________________________________________________________________________________________________________________________________________________________

EMPLOYMENT BACKGROUNDName of employer ____________________________________________________________________________Address ______________________________________City & State ___________________________________Job description: ___________________________________________ Rate of pay _______________________Immediate Supervisor _________________________________________________________________________

Employment for the Past Ten YearsEmployer ___________________ Dates ___________Address ______________________________________City & State ___________________________________Job description: _______________________________Employer ___________________ Dates ___________

Address ______________________________________City & State ___________________________________Job description: _______________________________Employer ___________________ Dates ___________Address ______________________________________City & State ___________________________________Job description: _______________________________If not employed for the past ten years, was deponentever employed?______________________________________________Explain: ____________________________________________________________________________________

Further Details: ______________________________________________________________________________

DETAILS OF DEPONENT’S VEHICLEMake ______________ Model ____________________Year ______ Color __________ No. of doors ________Unusual accessories on car: ___________________________________________________________________Owner’s name ________________________________Address ______________________________________City & State ___________________________________Approximate mileage on car at time of accident______________________________________________When did car last have repairs? __________________Where were repairs performed? ________________________________________________________________Nature of last repairs before accident? ___________________________________________________________Approxmate mileage on tires at time of accident______________________________________________Condition of:

Tail lights __________ Tires ______________Headlights _________ Horn ______________Turn signals ________ Steering ___________Windshield _________ Wipers ____________

Brakes_____________



When was the last safety check before the accident?______________________________________________Was the auto ever in a previous accident? __________If yes, explain: _______________________________________________________________________________What portion of the vehicle was damaged as a resultof the above previous accident?______________________________________________Was the car repaired after the previous problem?______________________________________________If so, where and what was the cost ofrepair?________________________________________In how many previous accidents had this automobilebeen involved?Details: _____________________________________________________________________________________

OCCUPANTS IN DEPONENT’S CAR

L.F.(1)Name ________________________ Age ___________Address ______________________________________City & State ___________________________________Bus. Phone _____________ Home Phone __________M.F. (2)Name ________________________ Age ___________Address ______________________________________City & State ___________________________________Bus. Phone _____________ Home Phone __________R.F. (3)Name ________________________ Age ___________Address ______________________________________City & State ___________________________________Bus. Phone _____________ Home Phone __________

L.R. (4)Name ________________________ Age ___________Address ______________________________________City & State ___________________________________Bus. Phone _____________ Home Phone __________M.R. (5)Name ________________________ Age ___________Address ______________________________________City & State ___________________________________Bus. Phone _____________ Home Phone __________R.R. (6)Name ________________________ Age ___________Address ______________________________________City & State ___________________________________Bus. Phone _____________ Home Phone __________

Others____________________________________________________________________________________________Did driver ask passengers to wear seatbelts?_____________________________________________________Which passengers were wearing seat belts? ________Did passengers have a clear view of the accident?Explain: _____________________________________________________________________________________What were passengers doing before impact (e.g.,sleeping, talking, drinking, touching controls, yelling,etc.)? _______________________________________________________________________________________Did any passengers warn the driver of impendingdanger?______________________________________________Explain: _____________________________________________________________________________________Did any passengers complain of the driving? _______Explain: _____________________________________________________________________________________Was anyone giving directions to the driver? _________Explain: _____________________________________________________________________________________

(continued )



Were any occupants injured? __________________If yes, what did deponent notice about injuries toother occupants?____________________________________________________________________________________________

DESCRIPTION OF ACCIDENT SCENE

Diagram

Other Diagram—Draw Below

Location of accident: _________________________________________________________________________Number of driving lanes for each road: ____________Number of parking lanes for each road: ___________Direction of each road: _______________________________________________________________________Describe each road (e.g., level, hilly, divided, etc.).____________________________________________________________________________________________Type of surface (e.g., dirt, gravel, asphalt, brick, con-crete, blacktop, etc.):______________________________________________

Condition of roads (e.g., holes, icy, dry, wet, etc.):______________________________________________Were lanes marked?Explain: ___________________________________________________________________________________________________________________________________Type of area (e.g., residential, business, rural, etc.):______________________________________________Describe structures located at or near scene (e.g.,building at each corner).__________________________________________________________________________________________________________________________________________Was there anything obstructing the driver’s view(e.g., stop signs, caution signs, arrows, etc.)?_______Explain: ___________________________________________________________________________________________________________________________________Describe the traffic controls and location of each(e.g., stop signs, caution signs, arrows, etc.).__________________________________________________________________________________________________________________________________________What was the speed limit? _______________________Where was the speed limit sign? __________________Were traffic signals functioning? __________________Were there artificial lights at the scene? ____________State the approximate width of each street: ______________________________________________________Is the deponent familiar with the accident scene?______________________________________________Explain: _________________________________________________________________________________________________________________________________________________________________________________

DETAILS SHORTLY BEFORE OCCURRENCEWhere was deponent going at time of accident?____________________________________________________________________________________________



Where was the deponent coming from? _________________________________________________________What route was taken? ______________________________________________________________________________________________________________________At what time was the deponent to arrive at his destination?______________________________________________Was the deponent early or late? __________________Explain: _____________________________________________________________________________________What was the last stop made before the accident,other than for traffic?__________________________________________________________________________________________________________________________________________Was the deponent talking to anyone in the car?______________________________________________If so, state to whom and the nature of the conversation.____________________________________________________________________________________________Was the deponent:

Smoking? _________ Drinking? ______________Did he have both hands on the wheel? ____________When is the last time before the accident that thedeponent had anything of an alcoholic nature todrink? Explain: _____________________________________________________________________________________________________________________________State the names and addresses of all persons pres-ent with the deponent at all times during the fivehours preceding the occurrence.__________________________________________________________________________________________________________________________________________Was the deponent under medication at the time ofthe occurrence?______________________________________________Explain: ___________________________________________________________________________________________________________________________________

When was the last time prior to the accident that thedeponent slept and how much sleep did he have?__________________________________________________________________________________________________________________________________________Was the deponent:

Sleepy? ________ Emotionally upset? ________Ill? ____________ Other? ___________________

If yes, explain: ___________________________________________________________________________________________________________________________________________________________________________During the 24-hour period before the accident, didthe deponent consume—

A tranquilizer? ________ A narcotic? _________A prescription? _______ Aspirins? ___________

If yes, explain: _______________________________________________________________________________Did any passengers pay for the ride or shareexpenses?Explain: _____________________________________________________________________________________Was the driver acting as agent for anyone? _________List details (business trip, etc.). _______________________________________________________________________________________________________________Did driver have the owner’s permission to drive car?Details (e.g., express or implied consent):__________________________________________________________________________________________________________________________________________

DETAILS OF OCCURRENCEIn what direction and on which street was thedeponent traveling?____________________________________________________________________________________________What was the direction and street for the other car(s)?____________________________________________________________________________________________

(continued )



Other traffic present: ____________________________

______________________________________________

______________________________________________

When the deponent first became aware of the othervehicle, how many feet was he from the point ofimpact? _______________________________________

How many seconds from point of impact? _________

What was his speed at this time? ________________

In which lane of traffic was he? ___________________

Did he change lanes within one block of the point ofimpact?

______________________________________________

Explain: _______________________________________

______________________________________________

Did the deponent perform any maneuver to

avoid the impact? ______________________________

Explain: _______________________________________

______________________________________________

Did the deponent try to signal or warn the otherparty of danger?

______________________________________________

Did he:

Sound the horn? _________

Use flashing lights? _______

Other? _____________________________________

What was the deponent doing when he first becameaware of danger (e.g., talking, looking the oppositeway, etc.)?

______________________________________________

When the deponent first saw the other car, wherewas it (lane, direction of travel, distance from point ofimpact, etc.)? _________________________________

______________________________________________

______________________________________________

What was the other car’s speed? _________________

Did the other car warn the deponent by:

Sounding the horn?_______

Flashing lights? ___________

Other: ______________________________________

____________________________________________

How many feet from the intersection was the depon-ent when he could first see the other car?______________________________________________Did the deponent look for the other car at the firstpossible point he could see it? ___________________Explain: _____________________________________________________________________________________Did the other driver do anything to indicate he sawthe deponent? _________________________________Explain: _____________________________________________________________________________________Did the deponent take evasive action at the pointwhen he first observed the other car? _____________Explain how many seconds elapsed between thetime he saw the car and the time he reacted. _______How many feet did he travel? ____________________Did the deponent apply his brakes? _______________How far (feet) from the point of impact? ____________What was the speed of the deponent:

One block from the point of impact? __________1/2 block from the point of impact? __________100 feet from the point of impact? __________50 feet from the point of impact? __________At the point of impact? __________

What was the speed of the other vehicle:One block from the point of impact? __________1/2 block from the point of impact? __________100 feet from the point of impact? __________50 feet from the point of impact? __________At the point of impact? __________

Did deponent use:Hand brake? ___________ Shift gears?__________

Did the brakes decrease the speed? ______________Describe the point of contact on the deponent’sauto:__________________________________________________________________________________________________________________________________________Describe all remaining contact points: _________________________________________________________________________________________________________



Describe all damage to deponent’s auto: _______________________________________________________________________________________________________In relation to the intersection, describe the exactpoint of impact (use intersecting point of lanes inwhich cars are):____________________________________________________________________________________________Where did the deponent’s vehicle come to rest inrelation to the point of impact?____________________________________________________________________________________________Describe the point of contact concerning the otherauto(s):__________________________________________________________________________________________________________________________________________Describe remaining contact points: ______________________________________________________________Was there debris to mark point of impact? _________Explain (e.g., broken glass, vehicle parts, dirt or mud,water or radiator fluid, gas, oil, or grease, etc.):__________________________________________________________________________________________________________________________________________In which direction was each car facing at the finalresting point? _________________________________Was there anything about either automobile whichmay have caused or contributed to the accident? _____________________________________Explain: _____________________________________________________________________________________Was there anything about the road or its surface thatmay have caused or contributed to the accident?______________________________________________Explain: ___________________________________________________________________________________________________________________________________Describe the location of each party to this suit afterthe cars came to their final resting places:________________________________________________________

Was anyone removed by ambulance? _____________Who? ____________________________________________________________________________________________________________________________________Was first aid rendered at the scene? ______________To whom? __________________________________________________________________________________By whom? __________________________________________________________________________________Nature of treatment: ________________________________________________________________________________________________________________________Was there any evidence of drinking at the scene?______________________________________________Explain: ___________________________________________________________________________________________________________________________________Did any person at the scene appear:

To be intoxicated? ___________________________To have been drinking? _______________________

Who? ____________________________________________________________________________________________________________________________________Did the deponent talk to anyone at the scene? ______If yes, to whom and what was said: _________________________________________________________________________________________________________________________________________________________What conversation(s) did the deponent overhear atthe scene? Between whom was the conversationand what was said? __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

POLICE INVESTIGATIONDid police respond? ____________________________What police department? ______________________________________________________________________

(continued )



How many police cars? _________________________How many policemen? _________________________Was a traffic citation issued? ____________________To whom? __________________________________________________________________________________What was (were) the charge(s)? ________________________________________________________________Court date: ___________________________________What was the disposition of the traffic hearing (e.g., plea of guilty, found guilty or not guilty)? ______________________________________________

(e.g., court reporter, tape recorder)?Details: ___________________________________________________________________________________________________________________________________Were photographs taken? _______________________Details: _____________________________________________________________________________________Did the police take measurements? ______________How (e.g., tape measure, walking, etc.)? ________________________________________________________Further Details: __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

WITNESSESWere there any occurrence witnesses? ____________

If Yes, ListName ________________________________________Address ______________________________________City & State ___________________________________Bus. Phone ___________ Home Phone ____________Name ________________________________________Address ______________________________________

City & State ___________________________________Bus. Phone ___________ Home Phone ____________Name ________________________________________Address ______________________________________City & State ___________________________________Bus. Phone ___________ Home Phone ____________Name ________________________________________Address ______________________________________City & State ___________________________________Bus. Phone ___________ Home Phone ____________Others: _______________________________________________________________________________________________________________________________________________________________________________________________________________________________Describe where witnesses were: _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Describe deponent’s conversation with witnesses:______________________________________________________________________________________________________________________________________________________________________________________________________________________________________Did any witnesses arrive later? ___________________Explain (e.g., passing motorist, friends, etc.): _______________________________________________________________________________________________________________________________________________________________________________________________Were any people in the immediate area? ___________Explain (e.g., gas station attendant, mailman, peoplewaiting for a bus, etc.):__________________________________________________________________________________________________________________________________________



Did any articles appear in the newspapers? ________

Explain: _______________________________________

______________________________________________

______________________________________________

Further Details: ________________________________

______________________________________________

______________________________________________

______________________________________________

______________________________________________

______________________________________________

INJURIES AND MEDICAL INFORMATIONDescription of injuries: __________________________

______________________________________________

______________________________________________

______________________________________________

Name of treating Dr.: ____________________________

Address ______________________________________

City & State ___________________________________

Phone No. ____________________________________

Names and Addresses of SpecialistsName __________________ Specialty _____________

Address ______________________________________

City & State ___________________________________

Phone No. ____________________________________

Name __________________ Specialty _____________

Address ______________________________________

City & State ___________________________________

Phone No. ____________________________________

Name __________________ Specialty _____________

Address ______________________________________

City & State ___________________________________

Phone No. ____________________________________

Name of Hosital _______________________________

Address ______________________________________

City & State ___________________________________

Phone No. ____________________________________

Describe medical treatment received together withdates, and identify doctors giving treatment.______________________________________________________________________________________________________________________________________________________________________________________________________________________________________

PRIOR MEDICAL HISTORY

Prior InjuriesDate ____________ Where? _____________________Details: ___________________________________________________________________________________________________________________________________Date ____________ Where? _____________________Details: ___________________________________________________________________________________________________________________________________

Prior HospitalizationDate ____________ Where? _____________________Details: ___________________________________________________________________________________________________________________________________Date ____________ Where? _____________________Details: ___________________________________________________________________________________________________________________________________Date ____________ Where? _____________________Details: ___________________________________________________________________________________________________________________________________Does deponent have any physical or mental illnessesor is he being treated for any condition?______________________________________________Explain: __________________________________________________________________________________________________________________________________Any prior claims or lawsuits? ____________________Explain: __________________________________________________________________________________________________________________________________

(continued )



DAMAGES TO DATEHospital ______________________ $ ___________Ambulance Service _____________ $ ___________Private Nurses _________________ $ ___________Dr. ___________________________ $ ___________Dr. ___________________________ $ ___________Dr. ___________________________ $ ___________Dr. ___________________________ $ ___________Drugs & Prescriptions ___________ $ ___________X-rays ________________________ $ ___________Loss of Income _________________ $ ___________Property Damage _____________ $ _________________________________________ $ _________________________________________ $ _________________________________________ $ _________________________________________ $ ___________Total To Date $ ____________

Further Details: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

ATTORNEY’S APPRAISAL OF DEPONENTPhysical description, general appearance and char-acteristics, handicaps, or impairments—hearing,eyesight, speech, etc. ________________________________________________________________________

Does the deponent describe the accident in a clear,rational and understandable manner? If not, whynot? _______________________________________________________________________________________

Does the deponent show any marked tendency toengage in conjecture and speculation? __________________________________________________________

Can the deponent be easily confused, swayed, orled? ________________________________________________________________________________________

Do deponent’s normal activities and past experiencesqualify with respect to estimating speeds, distances,etc.? State the qualifications, if any.______________________________________________________________

General attitude—favorable, unfavorable, or passive?____________________________________________________________________________________________

General Impression: From your observations of thedeponent, state whether the deponent’s appear-ance, personality, and demeanor shall normallyinvite belief or disbelief in his version of the acci-dent or occurrence, as the deponent tells it.

__________________________________________________________________________________________________________________________________________

Submitted by: ______________________

Name of Attorney

Source: Reprinted with permission of the author, Alan E. Morrill.



EXHIBIT 8:5 ■ Sample Deposition Outline

CASE: Smith v. Jones DEPO DATE: 6 Jan 1990DEPONENT: Albert Smith-Plaintiff LOCATION: 1421 6th Avenue,

SacramentoATTYS: E. Gibson for Jones

N. Mason for Smith

Items to Cover Testimony Exhibit Desc. & No.

ID: Name, Address, Albert Smith& Telephone 2130 “I” Street

Sacramento777/333-2222

SSN 238-45-9726

Age, DOB 47, 9/14/50

Education Wilson HS, Sacramento, 1968Stanford, BS Math, 1972UCLA, MS Math, 1974

Employment Stanford, Asst. Prof, Math Dept; 1973-1974

State of CA Dept of Highways Statistician; 1974-present

Docs reviewed prior Accident report Acc. Report, Exh. 1to deposition Statistics on accidents in location of Statistics, Exh. 2

accident in this matterReport of raw data on which statistics Raw data docs, Exh. 3

are based

Source: Reprinted with permission of Delmar Learning, a division of Thomson Learning: www.thomsonrights.com.


EXHIBIT 8:6 ■ Letter to Client Regarding Deposition

WHITE, WILSON & MCDUFF

ATTORNEYS AT LAW

FEDERAL PLAZA BUILDING, SUITE 700THIRD AND MARKET STREETS

LEGALVILLE, COLUMBIA 00000(111) 555-0000

Ms. Ann Forrester1533 Capitol DriveLegalville, Columbia 00000

November 1, _____Dear Ms. Forrester:

As we previously discussed, the time has come when you will need to testify about the accident and yourinjuries at a deposition. We will work with you to prepare for the deposition. Mr. White will be with you and isconfident you will do just fine.

The deposition is scheduled for Wednesday, December 2, _____, at 10:00 a.m. in room 202 in the FederalDistrict Court Building at Third and Race Streets. Parking is available at the Municipal Parking facility behindthe courthouse. Please be there by 9:30 a.m.

A deposition is an examination of a witness under oath by the opposition and in the presence of a court reporter.The examination is to determine the witness’s version of the facts, the evidence in support of those facts, andthe location of the evidence and names and addresses of persons having information about the evidence. Itis an important stage in the lawsuit because the other side will be evaluating you as a witness, including yourappearance, ability to recall facts, truthfulness, etc. Depositions produce evidence that might lead to a settle-ment of the case. They may also be used at trial to test the consistency and credibility of a witness. Therefore,good preparation on your part is important. It will give you confidence.

In preparing for the deposition, please keep the following in mind:

1. Depositions are occasionally postponed, and if so, you will be informed.2. Chronologically review the facts of the case up through your current medical status; anticipate ques-

tions on dates, times, directions, distances, speeds, weather, clothes, events, injuries, medical treatments,expenses, witnesses, statements, etc. If you do not know distances and the like for sure, reasonableapproximations are acceptable. A return to the scene of the accident to check distances, obstructions,and other details before your deposition might be helpful.

3. Be sure you have informed your attorney of all matters about the incident and those that reflect on yourown honesty and credibility. Do not allow your attorney to be surprised to your detriment.

4. Expect the opponent’s attorney to do most or all of the questioning. Your attorney will object when it isnecessary.

5. Dress neatly, be pleasant, and speak up.6. Listen to each question carefully. If you do not understand the question, do not guess at its meaning,

simply state you do not understand.7. Think about your answer; do not blurt out answers. Be cautious of a series of questions in quick suc-

cession that intend to lead you to the answer your opponent desires. Answer thoughtfully at your ownpace.

8. Above all, tell the truth. You will be under oath and should avoid giving in to the temptation to fill in gapsof information. Do not guess. Should you want to correct an earlier answer, simply indicate your desireto do so. The attorney will assist you.


9. If you are asked, “Did you speak with your attorney about testifying today?” answer “yes.” There is noth-ing wrong with speaking with your attorney about testifying. If the question is, “Did your attorney tell youwhat to say?” the correct answer is, “He told me to tell the truth.” Other than that, your attorney will nottell you what to say.

10. While testifying, it is preferable that you not seek guidance from your attorney. You must answer thequestion as best you can. If your attorney feels a question is improper, an objection will be stated. Anobjection is a signal to you to stop answering.

11. A common technique of adverse attorneys is to remain silent after your answer. They frequently do thisin the hope that you will feel compelled to add more information. It can be damaging information. Therefore,resist the temptation to add information and to fill silences.

12. Avoid discussing your case and any aspect of your testimony with anyone other than your attorney. Casualconversation about your case can be damaging.

13. You may be asked at the deposition to sketch a diagram of the accident scene. If you try some prac-tice sketches, you should not have any difficulty with this.

14. During the deposition you may be given documents, diagrams, photographs, or other items to identify.Be sure to examine such items carefully to see that they accurately reflect what they intend to reflectbefore you agree to their accuracy.

15. Be prepared to describe your injuries and medical treatment in detail. Do not exaggerate or understate.16. Be prepared to discuss any injuries you suffered or claims you made before this accident.17. Bring any documents that you have been requested to bring.18. Be prepared to discuss changes such as loss of pay, property damage, and other out-of-pocket expenses.19. It is not necessary to memorize possible answers and is probably better if you do not.

In summary, you will do the best job at your deposition if you are well prepared, thoughtful, deliberate, andtruthful. I will be contacting you soon to set up a time when you and Mr. White can meet to discuss the dep-osition. Meanwhile, if you have any questions or concerns, please feel free to contact me or Mr. White.

Very truly yours,

Terry SalyerParalegal

Exhibit 8:6 ■ Letter to Client Regarding Deposition (continued)

EXHIBIT 8:7 ■ Deposition Digest (Chronological)

DEPOSITION DIGEST

CASE: Smith v. Jones Dixon Sup Crt #234 567 Page: ContentsDEPONENT: Albert Hackston Atty: G. BakerDATE: 7/25/01 L /A: N. LUONO

TABLE OF CONTENTS/TOPICAL INDEXTopic Page Lines

1. Personal Data 1 6–122. Education

High School 2 6–8On-the-job Training 2 17–20

10 3–53. Employment History

Prior to Employment w/Plaintiff 5Employment w/Plaintiff 6 1–4

11 17–2033 12–17

DEPOSITION DIGEST (CHRONOLOGICAL)DEPONENT: Albert Hackston Page 1

Pg. Ln. Topic Summary Exhib/Notes

1 6–12 Personal Data Born 6/1/60, Detroit, MI, married, Speaks very softly2 children, lives at 1400 North Ave., Detroit

2 6–8 Education Finished H.S. 77

17–20 OJT 1 year Army Most recent training

3 10 Safety Training (Paraphrase method) Hackston had read the instructions in detail and received 4 hours of OJT before operating the machine. In June 1999 he watched the disassembly and reassembly of the machine. It was frequently serviced and he specifically recalled preventive maintenance was performed on Sept. 8, ’99.

3 10 Safety Training (Ellipsis method) . . . he had read the instructions in detail.

13 . . . he had 4 hours of OJT before using it.

18 . . . saw the apparatus disassembled and reassembled in June 1999 . . .

4 6 . . . he was present when preventive maintenance was performed Sept. 8, ’99


DEPOSITION DIGESTDEPONENT: Albert Hackston Page: Exhibit Index

EXHIBIT INDEX

EXHIBIT NUMBER DESCRIPTION

1 Ch. 3, “Safety,” ST 3 Trng. Man’l dated 5/10/98

2 St 3 Operating Instructions dated 9/20/98

3 OJT Training Certificate dated 2/19/99

Source: Reprinted with permission of Delmar Learning, a division of Thomson Learning: www.thomsonrights.com.

EXHIBIT 8:7 ■ Deposition Digest (Chronological) (continued )


EXHIBIT 8:8 ■ Page Extracts from Topical (Subject) Deposition Summaries


EXHIBIT 8:9 ■ Deposition Digest (Narrative)

DEPOSITION DIGEST (NARRATIVE/TOPICAL)

CASE: Johns v. Brown No. Civ 880050 Page 1DEPONENT: Catherine Johns

Atty: H. RayDATE: 7/16/01 Plgl: C. Borden

BackgroundCatherine Johns is 34 years old, residing at 1437 Oak St., Legalville, Columbia, is divorced and has one

child, Edward, 10. (pages 1–2)She has a master’s in business administration from Columbia State and her high school diploma from East

Legalville H.S. (3)

EmploymentShe worked for two years after high school for Columbia Foods as a secretary from 1993–95. She has worked

for Fairmont Computers as a market analyst from 2000 to the present, earning $30,000 per year. (4–5)

The AccidentOn May 3, 2000, Johns was driving to work, proceeding north on Holiday Blvd. in Legalville at 7:40 A.M. She

was wearing a seat belt. She drove a 1999 Chevrolet Camaro and was 200 feet from the intersection of Holidayand East Twenty-third St. when defendant, Harold Brown, suddenly backed out of his driveway at 3201 HolidayBlvd. in his 2000 Buick Le Sabre. (9, 32)

Johns “swung car to left” but the back of Brown’s car hit hers in the Camaro’s left front. (10–11)Johns’ car “lurched” into oncoming traffic lane, crossed lane avoiding car driven by Walter Forth, went up

curb and “smashed” into Roy’s Hot Dog Stand and stopped. (11–12, 23)

InjuriesJohns hit her head on the steering wheel, breaking her nose and cheekbone. Ligaments in her left knee were

severed, and she suffered muscle damage and internal injuries to the stomach lining causing internal bleeding.(14, 27)

Johns was rushed to Mount Sinai Hospital where she was admitted and operated on to correct fractures,stop internal bleeding, and repair ligaments in knee. Minor plastic surgery was performed on her nose by Dr.Kizar on 7/2/00. (15, 28)

One year after accident Johns still needs cane to walk. The fractures have healed satisfactorily but chewingis limited and painful, and one obvious scar remains on her nose. (16, 28–30).

Loss of Employment(narrative continues)


EXHIBIT 8:10 ■ Deposition of Richard Hart

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF COLUMBIAANN FORRESTER

andWILLIAM FORRESTER,

Plaintiffsv. Civil Action, File No._____

RICHARD HARTand

MERCURY PARCEL SERVICE, INC.,Defendants

Cincinnati, Ohio, Wednesday, January 12,_____Pretrial examination of Richard Hart held in the offices of Ott, Ott & Knudsen, 444 Front St., Cincinnati,

Ohio, at 10:00 A.M. on the above date before Bernadette Schaffer, Certified Court Reporter and Notary ofOhio.

APPEARANCES:Arthur White

White, Wilson & McDuffAttorneys for Plaintiffs

Lynn OttOtt, Ott & KnudsenAttorneys for Defendants

(signature and certification omitted)

Richard Hart, after having been duly sworn, was examined and testified as follows:By Mr. White:Q. Please state your full name.A. Richard HartQ. Your residence?A. 1223 Penny Lane, Cincinnati, Ohio.Q. How long have you lived there?A. Eight years.Q. Where did you live prior to that?A. 4313 East Wickland St., Columbus, Ohio.Q. How long did you reside there?A. Seven years.Q. Are you married?A. Yes.Q. Your wife’s full name?A. Jessica Marie Hart.Q. When were you married?A. Seventeen years ago. June 19_____.Q. Do you have any children?A. Yes, two boys.Q. What are their names and ages?© 2008 Thomson Delmar Learning

A. Brett is sixteen and Jerome is fourteen.Q. When and where were you born?A. August 13, 19_____, I am forty-one.Q. Where?A. Oh, ah . . . Columbus, Ohio.Q. How far did you go in school?A. I graduated from high school.Q. Where did you attend high school?A. Taft High in Columbus.Q. What, if any, schooling have you had since high school?A. I was trained as an ambulance driver by the army and took a truck driving course about twelve years ago.Q. When were you in the army?A. Twenty years ago, 19_____ to 19_____, for two years.Q. How extensive was your training?A. A few weeks each year.Q. Where was your training?A. Fort Oglethorp, Georgia.Q. Did you ever have any special training for driving on ice and snow?A. No, but I have lived in Columbus most of my life and we get plenty of winter weather.Q. Where was the truck driving course?A. In Cincinnati.Q. What was the name of the school?A. The Cincinnati Vocational Institute.Q. How long was the course?A. Six weeks.Q. Did you learn how to drive vans at this school?A. No, it was for large rigs.Q. Did they give you any special training for winter driving?A. They were supposed to, but we never got to it.Q. Have you ever received any formal training for driving in wintery weather?A. No.Q. Not even with Mercury Parcel?A. No.Q. What is your current occupation?A. Route man.Q. Would you explain what a route man is?A. O.K. I drive a truck—or van—and deliver parcels and things to people and stores over a certain route.Q. What route do you cover?A. We cover several different ones—sometimes we fill in for a guy that’s sick.Q. Are you assigned to the Legalville, Columbia route very often?A. Oh, sure.Q. Have you ever made deliveries on Capitol Drive outside of Legalville before?A. No . . . possibly . . . I’m not sure.Q. Would any records of your deliveries indicate whether you had been out there before?A. They might. It’s probably been years ago.Q. How long ago?A. Maybe five or six years ago . . . I don’t know.Q. What records might show that?A. We have to fill out a record of delivery form—it has addresses on it.

(continued )

EXHIBIT 8:10 ■ Deposition of Richard Hart (continued )


Q. Do they show every delivery?A. Yes.Q. Does this form have a number?A. I think so. It . . . it’s a Form 30.Q. Who is your current employer?A. Mercury.Q. Do you mean the Mercury Parcel Service?A. Yes.Q. How long have you worked for them?A. Let’s see, two years in Columbus and eight years in Cincinnati. Ten years.Q. Is this full-time employment?A. Yes.Q. Have you worked in any capacity other than route man for Mercury?A. No.Q. How much do you earn an hour?A. $10.35 an hour.Q. How many hours per week?A. Usually 40 . . . unless we need to work overtime.Q. How often do you work overtime?A. Every so often when someone is sick or we have a lot to deliver . . . or if we volunteer to put in some

extra time.Q. Where did you work prior to working for Mercury?A. I worked as an ambulance driver for the town of Jackson just outside Columbus. There was always

trouble getting adequate funds to keep the service going, so I quit and went with Mercury.Q. What is the address for that service?A. If it’s still there—it is Route 3, Highway 95, Jackson, Ohio.Q. How long did you work for the ambulance service?A. Six years.Q. Have you had a good driving record?A. Yes.Q. Have you had any accidents either on or off the job?A. Well, yes. I think most folks do.Q. When did you have the accidents?A. Well, I had one two years ago in Cincinnati, and . . . Q. Were you driving for Mercury at the time of the accident?A. Yes, I was.Q. What happened?A. I was trying to exit off I-75 and a guy was trying to enter I-75. They cross there. I thought he was by me

and he slowed down. I ran into his left side. No one was hurt, thank goodness.Q. Were any citations issued by the police?A. No.Q. Have you had any other accidents?A. Yes, I had one about five years ago in Columbus.Q. What happened?A. My family and I were heading for downtown Columbus to see a Fourth of July parade. I was in a line of

stopped traffic. The line began to move. I turned to say something to my wife. The car in front of mestopped and I rammed into it. An elderly lady got hurt but my insurance company paid for her doctor bills.

Q. Were any citations issued?A. Yes, I got a ticket for inattentive driving.



Q. Any other accidents?A. Not that I recall.Q. Have you received any other traffic citations?A. Well, a few over the years.L. Ott: Let the record reflect that I object to this question on the grounds that it is not relevant to the accidentin question.Mr. White: Counselor, if there is a pattern of reckless driving, then I believe it is relevant. Your objection isnoted. May I proceed?L. Ott: Yes.By Mr. White:Q. What were those citations for?A. Mainly for speeding.Q. How many in the last five years?A. Oh, not too many.Q. More than five?A. I guess so.Q. Six?A. I think about six.Q. Where have most of these violations occurred?A. In the Cincinnati area.Q. How many occurred on the job?A. Oh, about half, I’d say.Q. Mr. Hart, do you recall the accident you had on February 26, _____?A. Yes, I do.Q. Were you working for Mercury Parcel at the time of the accident?A. Yes.Q. When did you start work that day?A. I was on the night shift and started at 11:00 P.M. on the twenty-fifth. I was supposed to be back in the

barn by 7:00, but I was about two hours behind schedule because of the weather.Q. So normally on night shift you work from 11:00 P.M. until 7:00 A.M.?A. Yes.Q. Were you driving the entire time the night of February 25 to 26?A. Well, not constantly. We do stop and get out of the truck to deliver the packages or letters. However, because

most of the deliveries were in Legalville, and due to the weather, I guess I was driving more than usual.Q. Did you take any breaks?A. Yes, the union says we’re to get two breaks and a paid half-hour lunch break. That night, though, I only

took a break at 3:00 A.M. By lunchtime and the second break I was too far behind to stop.Q. Other than the weather, did anything else occur that was unusual that night?A. Not that I recall.Q. Were you having any mechanical trouble with the truck—like braking or steering problems?A. Not really. Oh, the van pulls to the left a little when you brake hard, but I knew that and was able to allow

for that when I stopped.Q. How long had that problem existed?A. Oh, about two weeks. I mentioned it to them about a week before the accident but told them it wasn’t

too serious.Q. Who do you mean when you say “them”?A. A couple of the mechanics at the barn—Mercury’s shop.Q. Can you name them?A. Well, I think I told Arnie Hanson and I might have told Johnny Sloan . . . I’m not sure about Johnny.Q. Is there a regular procedure for reporting problems with a vehicle?

(continued )



A. No, not really . . . well, there is a form that we’re supposed to fill out, but if it is not too serious, we justmention it to one of the mechanics.

Q. What does the mechanic do then?A. If they can find the time, they’ll look at it. If not they wait till their next regular servicing of the van.Q. Had the problem of pulling to the left been worked on at the shop?A. No, I don’t think so.Q. Do you always drive the same van?A. Yes, almost always.Q. Did you fill out a form on the braking problem?A. No.Q. Describe the weather conditions that night.A. The roads were wet from melting snow at the beginning of the evening, but by mid-shift—say

3:30 A.M.—the roads began to freeze in spots. You had to be careful.Q. Had you done any slipping that night?A. Occasionally . . . but nothing serious.Q. Was there a lot of ice on the roads?A. Here and there.Q. What was the road like just before the accident?A. Well, it wasn’t too bad. There were occasional patches of ice, but not too bad.Q. Was there enough ice to slow you up some? In other words, did you reduce your speed?A. Oh, maybe five or ten miles an hour . . . but not much. The road really wasn’t too bad.Q. How fast were you going just prior to the accident?A. Well, I had just looked and I was going at about thirty-five miles per hour.Q. What do you mean you “just looked”?A. Well, I looked at the speedometer to check my speed.Q. Why?A. Well, I’m not sure . . . I think I was thinking about how late I was going to be getting back home.Q. Were you anxious to get back to Cincinnati?A. Yes, it had been a long night.Q. Were you tired?A. A little—because of the weather, I think.Q. Couldn’t you have stopped for a break?A. I could have, but I didn’t. I was late enough the way it was.Q. Had you had any other long shifts that week?A. The last shift had been snowy, so I was about an hour late that night.Q. How much sleep did you get the following day, the twenty-fifth?A. About six hours, I think. My son had a basketball game that afternoon, so I didn’t get to sleep quite as

much as I usually do.Q. Are there any company rules about how much sleep you are to have before your shift?A. No.Q. Are there any company rules about taking a break if you become tired?A. Oh, they tell us to pull over if we are real tired, but I felt OK.Q. How do they tell you to pull over? Is that a rule, or do they mention it at meetings? How is this done?A. Well, anyone who drives knows that, but I think there are some safety rules posted in the shop.Q. Do you read those rules?A. Not really. They’re nothing most drivers don’t already know.Q. Are there any limits on how many hours you are supposed to drive at any one time?A. I think the rule is around seven hours of actual driving time.Q. How many hours of actual driving time did you drive that night?



A. Oh, I’d say about eight, maybe nine.Q. And had the accident not occurred, you would have had nearly two more hours of driving?A. Yes.Q. Is there any penalty for driving over the limit of hours?A. Not that I know of.Q. On bad weather nights, or if you’re late for any other reason, do you get paid overtime?A. Only if the extra hours are unavoidable, such as for bad weather.Q. Would you please describe the road you were driving at the time of the accident?A. The road was quite narrow, hilly, and curvy.Q. What was the posted speed limit on that road?A. I’m not sure.Q. Would you characterize the road as tricky?A. Oh, maybe a little . . . but I have driven a lot of roads worse than that.Q. You mentioned before that you looked at your speedometer just before the accident. What happened next?A. Well, I looked up and suddenly there was this lady stepping out onto the road.Q. You looked at your speedometer just before the accident occurred?A. Yes, I glanced at it—only for a split second.Q. Had you seen the woman before you looked at the speedometer?A. No.Q. Why not?A. Well, she was hidden by a rise in the road. See, there is a dip in the road where the lady was at. I was

coming over the hill just before the dip. You can’t see to the bottom of the dip. And that’s where the ladywas.

Q. What happened then?A. I thought she would stop, but she just kept looking ahead and kept walking into the road.Q. What do you mean she just kept looking ahead?A. Well, when I came over the hill she was barely onto the road. I thought she would see or hear me and

stop, but her head was tucked down into her coat and she just kept walking.Q. Did you sound your horn?A. No.Q. What did you do?A. I hit the brakes.Q. Then what?A. The truck began to pull to the left . . . it began to fishtail back and forth. I pumped the brakes to keep

control. The lady looked up then, but hesitated and then went the wrong way. I couldn’t avoid her. I wastrying to get control of the van and then I heard the thump. I felt sick—I knew I’d hit her.

Q. What happened then?A. The van was crossing the middle of the road. I saw the woman fall off from my side of the van. I tried to

hold the van under control, but it went into the ditch and hit a tree.Q. How hard did the van pull to the left when you applied the brakes?A. It started that way almost immediately. I think it might have been the same problem I described before,

or it might have been the ice. I don’t know(Assume that the examination went on to cover what happened after the accident, damages to the van,Mr. Hart’s injuries, etc. The opposing counsel would have an opportunity to ask questions, and then thedeposition would conclude.)Mr. White: I have no other questions.(Witness excused)(Deposition concluded)



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