PCHB060002206

On the last working day before trial, ACC has filed a motion under CR 32(a)(2) to add over a thousand pages of deposition transcripts to the record in this matter, in lieu of filing direct testimony. This motion should be denied. ACC has not shown that the depositions are admissible, that these witnesses fall within the terms of the rule, and ACC failed to timely file this request pursuant to the Board's pre-hearing order. II. AUTHORITY AND ARGUMENT A. CR 32(a) Requires That Deposition Testimony Be Admissible Before A Motion To Publish Can Be Granted AR 002206 CR 32(a) states: At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of evidence ECOLOGY'SRESPONSETOACC'S 1 ATTORNEYGENERALOFWASHINGTON Ecology Division MOTIONTOPUBLISHDEPOSITIONS POBox40117 Olympia, WA 98504-0117 ORIGINAL FAX(360)586-6760 applied as though the witness were then present and testifying, may be used against any party who is present or represented at the taking of the deposition or who had reasonable notice thereof .... " ACC ignores this language in its motion, instead citing CR 32(a)(2). Plainly, however, the introductory language to the rule applies to all the subparts, including subpart two. Under this language, a deposition is admissible only if the testimony is admissible under the rules of evidence. See 8A Charles A. Wright, et al., Federal Practice and Procedure § 2151 (1994). ACC has made no showing that the testimony it seeks to introduce is admissible.…

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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 [...]