More on depositions.

• Author: Trawick, Henry P., Jr.
• Position: Letters - Letter to the editor

I have read Mr. Rendzio's article, "Invoking 'the Rule' During Depositions? Absolutely 'Maybe'" (Nov. 2008), with some interest. I have two bones to pick with him. First, Rule 1.310(c) says that examination and cross examination of witnesses may proceed as permitted at the trial. At trial, they cannot proceed in the presence of a person who may be a witness if the rule is invoked.

Second, I do not agree that Black's Law Dictionary equates a proceeding to a court conducted matter. The definition is clear. It includes the statement "including all possible steps in an action from the commencement to the execution of judgment." The citation shows a further expansion.

The third edition says in the first citation: "An act which is done by the authority or direction of the court ... a prescribed mode of action for carrying into effect a legal right."

The second citation says: "Any step taken or measure adopted in the prosecution or defense of an action."

The third citation says: "The word ... may be used to describe any act done by authority of a court of law and every step required to be taken in any cause by either party."

The fourth citation says: "The proceedings of a suit embrace all matters that occur in its progress judicially."

It is a word that expands or...