Last week’s deposition
I was deposed last week concerning a 10 acre aliquot survey I did in 2008. Without getting into too much detail the owner (then and now) of the 10 acres is claiming AP over a 30′ +/- strip of his adjoiner’s property along his south boundary. I just happened to have located the fence in 2008.
At the time the fence was built it was all a 40 acre tract. That particular fence has been determined (by parol testimony) to have been constructed to separate cattle pastures and give a lane to the barn when this was all one tract. There was no “boundary” near the fence when it was built. What is left of the fence bears some south 80 degrees west.
I was actually deposed by the defendant’s counsel. I don’t think my old client has much of a chance to prove AP due to a number of issues. When the defendant’s attorney contacted me I only agreed to remember the survey when he agreed to a four hour minimum for my time.
Anyway, he rolled on and we went over everything about the land in general, chain of title and how I did my survey. Thankfully my boundary is not actually in question. But then the plaintiff’s attorney took his turn with me.
He first asked me to verify my name. I did. I’m sure most of you here know my professional name is not Paden Cash…it’s a much more common name. This guy produced a dozen or so criminal court records with my same name. He had everything from bad checks, wreckless driving, spousal abuse and dealing drugs…all with my “name” on them. It took an hour for me to read them all and state (under oath) that none of them were actually me.
After we got to the last one I had to ask, “No child molestation?” The attorney said that he guessed not. With a chuckle I said, “Thank gawd..”. The attorney quickly asked me if I had ever been charged or convicted for child molestation. I quickly told him no, but then asked if he had... It was getting close to lunch. My low blood sugar and disdain for the idiot apparently came to the fore. He started admonishing me for my attitude. I told him if he didn’t like my answers he shouldn’t ask me questions. The defendant’s attorney objected to the other attorney’s admonishment of me. The court reporter reminded everyone we were all under oath and this was an official proceeding. I replied this surely wasn’t the first time two people in a deposition didn’t like each others questions or answers.
After an exhale or two we proceeded. The attorney asked me what I didn’t like about his line of questions. I explained we had spent an hour determining whom I wasn’t. And earlier we had determined that I was a licensed land surveyor with 40 years of experience. And we also had determined I was responsible for the survey that located the fence his client is claiming as a boundary. To quote and old boss of mine I said, “Please tell me there is a question about land surveying somewhere in my future”. We continued on and the deposition finally ground to a conclusion.
I’ve had attorney’s question my intent and state of mind at the time of a survey. I’ve had attorneys ask me whether or not I “liked” the client. I’ve had them ask how much money I made from a survey. But I’ve never had one attempt to question my personal character with such zeal. I hope I hid well the fact I was so offended.
What a prick. I hope he loses the case. 😉
Log in to reply.