Krebs v. City & County of San Francisco et al

Filing 26

ORDER re 25 Letter filed by City & County of San Francisco, Barajas, Rory D. Preston, Heidohrn, Michelle Liddiocet, Gregory P. Suhr, 23 Letter filed by Thomas Alexander Krebs. Signed by Chief Magistrate Judge Elizabeth D Laporte on 2/20/2013. (knm, COURT STAFF) (Filed on 2/21/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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THOMAS ALEXANDER KREBS,
Plaintiff,

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United States District Court
For the Northern District of California

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No. C -12-03974 EDL
ORDER REGARDING PLAINTIFF’S
FEBRUARY 14, 2013 LETTER

v.
CITY AND COUNTY OF SAN FRANCISCO,
Defendant.

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On February 14, 2013, Plaintiff filed a letter describing a recent deposition of a police officer

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in this case and seeking the Court’s guidance on several issues that came up during that deposition.

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On February 19, 2013, Defendant filed a responsive letter. The Court has reviewed the parties’

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letters and offers the following guidance to the parties for future depositions.

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First, asking questions prefaced with “please tell the jury” or similar language in a deposition

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could potentially be confusing depending on the (unknown) future context in which the testimony is

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proffered, so a better practice is not to do so. Such questions do not warrant an instruction not to

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answer, however, and Defendant is cautioned not to so instruct inappropriately in the future.

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Second, it is appropriate to use titles such as “officer.” Third, all counsel should use a civil tone of

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voice during depositions, both to the witness and each other. If the form of the question is

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argumentative, counsel may object on that basis.

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IT IS SO ORDERED.
Dated: February 20, 2013
ELIZABETH D. LAPORTE
United States Magistrate Judge