Deposition Battle Over Definition of "Photocopy" - Lowering the Bar. I had flashbacks to Bill Clinton when I read this funny retelling of a deposition in which the Deponent decided that he didn't know what the Plaintiff's lawyer meant when he asked the seemingly innocent question about whether the Clerk's office had "photocopying machines". For 10 pages the parties spar over whether the Plaintiff's lawyer needs to define the term. In the deponent's defense, the case was apparently about the use of photocopying machines in the office, under a statute that regulated their use. Of course, any lawyer representing a party would have instructed his witness not to engage in such colloquies, since they make the deponent look like he is avoiding the truth. Since the statute in question dealt with "photocopying machines and similar devices", I could have helped out in page 1 of the depo in question by suggesting that the Plaintiff's lawyer amend the question to: "And, do you have photocopying machines or similar devices in your office?". Just another day at the office, most of which contain "photocopying machines or similar devices".
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