HOUSE_OVERSIGHT_021834.jpg
1.33 MB
Extraction Summary
2
People
1
Organizations
0
Locations
1
Events
0
Relationships
3
Quotes
Document Information
Type:
Deposition transcript (rough draft)
File Size:
1.33 MB
Summary
This document is page 11 of a rough draft deposition transcript, marked with a House Oversight Bates stamp. The dialogue involves a legal questioning regarding the ethics of including allegations of misconduct in legal pleadings. The witness clarifies the distinction between 'relevant' and 'pertinent' and references Federal Rule 11 regarding the requirement that allegations must not be frivolous.
People (2)
| Name | Role | Context |
|---|---|---|
| Unknown Speaker Q | Interviewer/Attorney |
Asking questions regarding legal ethics and pleading requirements.
|
| Unknown Speaker A | Witness/Deponent |
Answering questions, clarifying legal definitions regarding relevance vs. pertinence and Rule 11.
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| House Oversight Committee |
Implied by the Bates stamp 'HOUSE_OVERSIGHT_021834'.
|
Timeline (1 events)
Deposition/Testimony
Unknown
Speaker Q
Speaker A
Key Quotes (3)
"And would you agree with me that it would be unethical to make allegation of misconduct by a person in a pleading if that -- if those allegations were not relevant to the case?"Source
HOUSE_OVERSIGHT_021834.jpg
Quote #1
"Actually, not pertinent to the case."Source
HOUSE_OVERSIGHT_021834.jpg
Quote #2
"Pertinent to the case, and as I understand for example under rule 11, the requirement is that the allegations being advanced must not be frivolous."Source
HOUSE_OVERSIGHT_021834.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,165 characters)
11
1 for a purpose other than to advance a cause in
2 litigation?
3 A. Sure.
4 Q. And would you agree with me that it would be
5 unethical to make allegation of misconduct by a person
6 in a pleading if that -- if those allegations were not
7 relevant to the case?
8 A. Sure.
9 Q. And would you agree --
10 A. Actually, not pertinent to the case.
11 Q. Not pertinent to the case?
12 A. Yeah. And when you say not relevant,
13 obviously, reasonable people can have disagreements
14 about what allegations are relevant to the case or not.
15 Q. And my question is that an attorney, it would
16 be unethical, do you agree, for an attorney to sign a
17 pleading where the attorney does not have a good-faith
18 basis that the allegations of misconduct are relevant to
19 the case, are pertinent to the case?
20 A. Pertinent to the case, and as I understand
21 for example under rule 11, the requirement is that the
22 allegations being advanced must not be frivolous.
23 Q. And that there's a good-faith basis for them?
24 A. Well, I mean if you're talking about good
25 faith frivolity, those are I mean, potentially different
1 for a purpose other than to advance a cause in
2 litigation?
3 A. Sure.
4 Q. And would you agree with me that it would be
5 unethical to make allegation of misconduct by a person
6 in a pleading if that -- if those allegations were not
7 relevant to the case?
8 A. Sure.
9 Q. And would you agree --
10 A. Actually, not pertinent to the case.
11 Q. Not pertinent to the case?
12 A. Yeah. And when you say not relevant,
13 obviously, reasonable people can have disagreements
14 about what allegations are relevant to the case or not.
15 Q. And my question is that an attorney, it would
16 be unethical, do you agree, for an attorney to sign a
17 pleading where the attorney does not have a good-faith
18 basis that the allegations of misconduct are relevant to
19 the case, are pertinent to the case?
20 A. Pertinent to the case, and as I understand
21 for example under rule 11, the requirement is that the
22 allegations being advanced must not be frivolous.
23 Q. And that there's a good-faith basis for them?
24 A. Well, I mean if you're talking about good
25 faith frivolity, those are I mean, potentially different
ROUGH DRAFT ONLY
HOUSE_OVERSIGHT_021834
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