If the deposing council doesn’t tolerate the behavior (swearing or otherwise), then he can end the deposition, just as he did. But should the court then be able to deprive the someone just for acting impolite?

Pretty Boy grabbed a log chain,
And the deputy grabbed his gun;
In the fight that followed
He laid that deputy down.

Apparently vulgar language and altercations over it have been “in usage” for quite a while.

From the Ballad of Pretty Boy Floyd–also something in there about some men rob with a gun, some with a pen. I don’t know why I think that applies to mortgage companies–idol free association on my part I guess!

***

“I must confess that I also watch the chemical deposition a couple of times. It is the legal version of a car crash, revolting and riveting at the same time.”

And the winner – Testosterone Poisoning or Insipient Verbal Diarrhea?
Tough call.

This reminds me a lot of NY mob boss “The Chin”, who began with invective laden denials but refined his style by permanently adorning himself in pajamas and robe. Leaving federal investigators regularly ranting to themselves and covering their windshields with spittle and coffee as they F-bombed in frustration from parked cars and Con Edison Vans.

Thanks,

Jill

Also, I couldn’t get the video to work. If you got it off a different site would you please let me know. Otherwise I will try off this site later.

Thank you,

Jill

Wider: And I’ll tell you what uncivil and what
uncourteous is. Telling you to go f**k yourself
is uncivil. If you ask a question, I’m going to
give you a response. If you pry into my father’s
death, I’m going to give you a response. If you
f**k with my MENTAL ILLNESS, I’m going to give you
a response. And if you threaten to put me in
front of a judge, let’s do it. I got all the time
in the day, all the time in the day, and the judge
will restrain you. (emphasis and censoring added)

Bodzin: Are you done, sir?

Wider: No, I’m not. We’re just beginning.

So now we have it, Wider has apparently accurately diagnosed himself, the Judge concurs, GMAC has a humdinger of a case, and Wider’s attorney, Ziccardi, has asked to withdraw and has secured his own counsel. And it all cost Wider only $29,000.00 plus the inevitable judgment. Who says the process doesn’t work effectively and efficiently?

The repeated, deliberate profanity was absolutely wrong in the situation because it was disruptive to the concentration of others, and could have totally distracted their attention from the issues at hand. It would be a lot like ringing a bell or honking a horn in every other sentence to distract and disturb the parties. The ruling tells others to keep serious when serious business is at hand.

Leave the profanity for a standup routine, where in the voice of Lenny Bruce or Sam Kinison it may be funny to some. You do not have to listen to a stand up routine. People are compelled by law to attend depositions and should not be subjected to this type of verbal abuse in a compulsory situation.

I saw the video excerpt of the deposition (good move putting it on video), and, were I deposing counsel, I would love it. Here in Virginia we may use a party deposition for any purpose, and I would just cue it up and play it for my opening statement at trial. Any doubts about this guys respect for the process would be erased, and any natural sympathy of the panel would likewise be vanquished, along with any defense that his actions were not malicious. Hopefully, there is a claim for punitive damages arising from the alleged fraud, and my guess is that the over/under for the punitive verdict is around $5 million given this performance. Opposing counsel should have refrained from asking for costs since our “potty mouth” can claim he was punished and properly chastised if he is now a good boy in a subsequent deposition. ( There would no more for me) I like it when the jury gets to see the real character of the deponent. It’s awfully rare, and in this case there is just so much to work with. I also bet no settlement will be forthcoming. As much trouble as the deposing counsel had controlling this witness can be magnified ten-fold with respect to the problems the witness’ own counsel is likely to have.

I don’t even think swearing per se should be fined. If swearing occurs as part of a pattern to disrupt a deposition, then it seems reasonable to fine. Otherwise, “it’s in usage”!