The Idaho Republican Party v Ysursa

Filing 67

ORDER. The parties submitted electronic copies of depositions with the objections included as electronic sticky notes. The Court has written its rulings to the objections on those same electronic sticky notes. The Court will attach a print out of the relevant depositions pages, along with the electronic sticky notes, to this Order. These will constitute the Court's ruling on the objections. Signed by Judge B. Lynn Winmill. (Attachments: # 1 Adams, # 2 Barrett, # 3 Beck, # 4 Bowers, # 5 Kulczyk, # 6 Mansfield, # 7 Maxwell, # 8 Ripley, # 9 Vance)(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)

The Idaho Republican Party v Ysursa

Doc. 67 Att. 2

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THE DEPOSITION OF LENORE BARRETT was taken on behalf of the Defendant at the offices of the Deputy Attorney General Civil Litigation Division, 954 West Jefferson Street, Boise, Idaho, commencing at 11:00 a.m. on September 15, 2010, before Cindy L. Leonhardt, Registered Professional Reporter and Notary Public within and for the State of Idaho, in the above-entitled matter. APPEARANCES: For the Plaintiffs: Troupis Law Office P.A. BY CHRIST T. TROUPIS 1299 E. Iron Eagle, Suite 130 P.O. Box 2408 Eagle, Idaho 83616 For the Defendant: Deputy Attorneys General Civil Litigation Division BY MICHAEL S. GILMORE 954 West Jefferson Street P.O. Box 83720 Boise, Idaho 83720-0010

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INDEX TESTIMONY OF LENORE BARRETT Examination by Mr. Gilmore Examination by Mr. Allen

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EXHIBITS 1 - Affidavit of Lenore Barrett

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APPEARANCES (Continued): For the Intervenors: Givens Pursley LLP BY GARY G. ALLEN 601 West Bannock P.O. Box 2720 Boise, Idaho 83701

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1 (Exhibit 1 marked.) MR. GILMORE: Here are my hearsay objections to Representative Barrett's affidavit: The first sentence of Paragraph 2; the part of Paragraph 3 that is quotation marks; and the last two sentences of Paragraph 4 that are in quotation marks. Okay, now we'll call her.

LENORE BARRETT, first duly sworn to tell the truth relating to said cause, testified as follows: EXAMINATION QUESTIONS BY MR. GILMORE: Q. Before we begin could I ask if you've ever had your deposition taken before? A. I don't believe so. I think I would remember that. Although, it's not always easy to remember, but a formal deposition, I have not had one taken. Q. Let me just explain how it will work. My name is Michael Gilmore. I'm representing the Secretary of State, Ben Ysursa. I will ask questions first; then Mr. Allen, who represents the intervenors, may
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Summary of Comments on Barrett Deposition.ptx
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Number: 1 Author: csmith Objections to Barrett Affidavit. Subject: Sticky Note Date: 10/3/2010 4:44:35 PM Author: lwinmill Subject: Sticky Note Date: 10/12/2010 6:56:47 AM Overruled as to para 2. No hearsay. Overruled as to para 3. Offered, not to prove the truth of what was said, but to show that it was indeed said, whether true or not. Sustained as to statement in quotation marks in para 4. Out of court statement by a fellow Republican offered to prove the truth of the matter asserted -- i.e., that "If not for cross over voting, I would not have been elected."