PCHB057002197

v. ) APPELLANTS' REPLY ON MOTION TO ) PUBLISH DEPOSITIONS OF ECOLOGY STATE OF WASHINGTON, ) MANAGERS AND CR 30(b)(6) DEPARTMENT OF ECOLOGY; and ) DESIGNATED WITNESSES THE PORT OF SEATTLE, )7 ) Respondents. ) CR 32 is unequivocal that the deposition of an "officer, director, or managing agent" may be used for any purpose at hearing. See Wright, Marcus & Miller, Federal Practice and Procedure, 8A Civil 2d § 2145 (1994 ed.) ("Rule 32(a)(2) allows the deposition of a party to be used by an adverse party for any purpose. The same free use may be made of the deposition of anyone who at the time of taking of the deposition was the officer, director, or14 managing agent of a public or private corporation, partnership, association, or governmental agency"). The mechanism by which the depositions are entered as testimony in the record is known as publication. This normally occurs as a routine matter "at trial" pursuant to CR 32(a). ACC noted its motion to publish in advance to save time at the hearing. 1 Ecology acknowledges that Ecology Director Tom Fitzsimmons surely falls within the Rule 2, as does Gordon White (Director of the Shorelands and Environmental Assistance Program) and Ray Hellwig (Director of Northwest Regional Office), but then asserts "objections" to these and the other depositions -- none based on actual law or supported by AR 002197 Port and Ecology counsel are all experienced practitioners under Washington and parallel federal rules and are well aware of how depositions…

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PSCAA Advisory Council Meeting Agenda
Add to CalendarMWednesday Mar 11, 9:00am - 11:35am
1904 3rd Avenue, Suite 105, Seattle, WA 98101
Call to order – Roll Call – Quorum Established – Land Acknowledgement We would like to acknowledge that our Agency operates in four present-day counties, which are the traditional lands of the Coast Salish people, past and present. This acknowledgement does not take the place of authentic relationships with indigenous communities in our jurisdiction and [...]