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. 9

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THE TELEPHONIC DEPOSITION OF GREGG VANCE 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 1:10 p.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 GREGG VANCE Examination by Mr. Gilmore Examination by Mr. Allen Examination by Mr. Troupis EXHIBITS 1 - Affidavit of Gregg Vance

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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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(Exhibit 1 marked.) 1 MR. GILMORE: Let's do the objections before I call Mr. Vance. I will object to Paragraph 5 and to the blogs referred to in Paragraph 5 and attached to Mr. Vance's affidavit, to the extent they're offered with the truth of the matters contained in them regarding crossover voting. That's a hearsay objection. I object to the last seven words of Paragraph 7, to the extent that it's based upon hearsay about crossover voting. I object to Paragraph 14, to the extent that it's based on hearsay about crossover voting. I object to Paragraph 6, because neither the original nor a duplicate of the newspaper advertisement referred to in that paragraph has been provided in the affidavit. This objection is under the Thousand Series of the Federal Rules of Evidence; and I also object on grounds of hearsay. I object to the last sentence of Paragraph 9, for lack of documentation of outside money through Sunshine reports or other
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Summary of Comments on Vance Deposition.ptx
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Number: 1 Author: user Objections to Vance Affidavit Subject: Sticky Note Date: 10/3/2010 4:12:57 PM Author: lwinmill Subject: Sticky Note Date: 10/12/2010 10:43:37 AM Sustained as to para 5 to extent that it is offered to prove that the author intended to cross over. Overruled to extent that it is offered to prove that statements were being made to encourage others to cross over and support Schroeder. Sustained as to para 7 to extent it is offered that there was a "likelihood" of cross over voting, but overruled to extent it is offered to show a reaction to the "threat of cross over voting" whether that threat was real or imagined. Sustained as to para 14 to extent it suggests that cross over voting occurs. Sustained as to para 6 as to best evidence, foundation and hearsay. If original can be obtained and authenticated, objection will be overruled since the statement is being offered not to prove the truth of the matter asserted, but to show that the statement was made in an effort to incite voters to take particular actions. Sustained as to para 9 to extent it refers to source and effect of outside money. Speculation, unsupported opinion and hearsay. Sustained as to para 10. Speculation, unsupported opinion and hearsay. Sustained as to para 13. Not relevant.