Saturday, May 10, 2014

 And I'm sure that the NYT will be getting a letter from the good people at Xerox explaining the difference between "xerox" and "photocopy."




To be fair, when the witness pretends he doesn't understand what "photocopy machine" means, he was clearly screwing around with the deposition.  

"Gas powered photocopy machines"?

Clearly, the defending attorney had prepped the witness not to say "photocopy," presumably because of some arcane BS argument that the legislature intended only "photos" and not other kinds of technologies, which is a distinction that no user ever makes.

I would have had the same reaction of incredulous sarcasm, but I would have established in great detail that he makes and how he does it, and I would have dragged him through the glass so he wouldn't do it again.

The witness was obviously lying or an idiot or being deliberately obtuse because he'd been (a)  coached into not saying "photocopy" and (b) coached into the idea that he could testify to something only if he had at that moment a specific recollection, i.e., he was coached into lying.

And I doubt that the deposing attorney was standing up and yelling. The dep would have been suspended long before that.

Also, $2 per page is outrageous and an obvious attempt by the government to make a way of recouping reasonable expenses into a profit center.  I got gigged for $4,000 in one case recently because the court had - for the first time in cash strapped California - decided that the 50 cents a page charge meant that they could charge 50 cents for the side that had text on it and 50 cents for the side that was blank.

I think that is something that deserves a class action suit, because it is clearly contrary to reason and just a way of gouging for money and we wouldn't tolerate it if had happened in private business and the government has a monopoly on certain services, etc., etc.

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