Today I had a doctor's evidence deposition scheduled for a case set for trial on March 27th. (In case you didn't know, I'm a lawyer). An evidence deposition is taken when a witness is not available to testify at trial. The transcript of the testimony is then read to the jury as if the witness had testified live. Doctors generally do these depositions because coming to court to testify live disrupts their practice and treatment of patients. I prefer live testimony but you have to try to accomodate the doctors the best you can.
I had some difficulty in scheduling this doctor's deposition because she had an unusual schedule and opposing counsel also had a very difficult schedule to accomodate. After several months and numerous cancellations, the deposition was scheduled for today at a church on the north side of Chicago. The doctor is a member at the church and thought she could get access to a room in the church where we could take the deposition.
Opposing counsel, the court reporter and myself arrived and the doctor came by to say she couldn't get into the church and we would have to do the deposition at her house about two blocks away. I rode with the doctor to her house (she was my client's treating physician following a motor vehicle collision back in December 2001). Defense counsel rode with the court reporter and followed us.
At the doctor's house, she let me out so she could back her large SUV into the one car garage. After I got out I walked over to the house gate and heard a loud yelp behind me. I turned to see a man by the doctor's driver's side window leaning in. As I turned the doctor backed into the garage and the court reporter and other attorney came walking up to the gate. The man then went around the back of the garage out of view.
The doctor left the garage and came into the gated area. She was crying and distraught. Apparently, the man was her neighbor and leaned into her window to tell her that he was going to cut her throat. She told us that the day before he had pointed his finger at her like a gun and went "Bang, bang, you're dead." She called the police to make a report on that.
When we got into the house, she started to arrange us for the deposition and told us that she'd call the police again after the deposition was done. Opposing counsel and I, persuaded her to call the police immediately. We then agreed that the deposition would have to be rescheduled (again) because the situation was just too volatile. The doctor was a jumble of nerves and emotions and noone wanted to proceed with a possible lunatic lurking around outside. Our main concern was for the doctor's safety (and our own).
The police arrived and the doctor made a report. The officer seemed to know the individual in question from previous complaints throughout the neighborhood. Counsel and I agreed to a new date and agreed that I would bring an emergency motion to continue the trial. Hopefully, the judge will be understanding of the situation. Given my knowledge of the judge's temperment, I think she will be.
Before the deposition, opposing counsel, the court reporter and I exchanged stories of the oddest depositions we had taken in the past. After today, we all agreed we had a new top story. We walked the court reporter to her car, then defense counsel and I walked to my car which was parked nearby. I then drove her back to the area around the church where she had parked. Definitely the epitome of "civil" practice.
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