Krebs v. City & County of San Francisco et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
THOMAS ALEXANDER KREBS,
United States District Court
For the Northern District of California
No. C -12-03974 EDL
ORDER REGARDING PLAINTIFF’S
FEBRUARY 14, 2013 LETTER
CITY AND COUNTY OF SAN FRANCISCO,
On February 14, 2013, Plaintiff filed a letter describing a recent deposition of a police officer
in this case and seeking the Court’s guidance on several issues that came up during that deposition.
On February 19, 2013, Defendant filed a responsive letter. The Court has reviewed the parties’
letters and offers the following guidance to the parties for future depositions.
First, asking questions prefaced with “please tell the jury” or similar language in a deposition
could potentially be confusing depending on the (unknown) future context in which the testimony is
proffered, so a better practice is not to do so. Such questions do not warrant an instruction not to
answer, however, and Defendant is cautioned not to so instruct inappropriately in the future.
Second, it is appropriate to use titles such as “officer.” Third, all counsel should use a civil tone of
voice during depositions, both to the witness and each other. If the form of the question is
argumentative, counsel may object on that basis.
IT IS SO ORDERED.
Dated: February 20, 2013
ELIZABETH D. LAPORTE
United States Magistrate Judge
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