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Swat in the Head
A 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: *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. 
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