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Page Title: Sample Format for Oral Deposition -Continued
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TC: Let the record further reflect that Mr. Hatch is present to testify as a witness for the prosecution in the forthcoming Article 32 investigation and possible court-martial in the case of United States versus Electrician’s Mate Third Class Very C. Pistol. TC: Counsel representing the accused is requested to state any objection he has pertaining to the taking of this deposition including the notice of the taking, time to prepare, or formal defect in the proceedings. Are there any objections? DC: There are such objections We would object to the time given to prepare and that I was notified of this deposition at approximately 1530 hours, on 11 September 19CY. While I have had an opportunity to question Mr. Hatch, I have not had an opportunity to question any of the other individuals about whom--from whom statements have been taken and involving Mr. Hatch. And I received this packet last night at approximately 1800 hours; once again on 11 September 19CY. I would also object on the  form  of  the  proceedings.  And  would  also  object  to  this  proceeding  being implemented since other means are available of making Mr. Hatch available at the Article 32 investigation and this is not being done for any practical matter or any practical  reason. TC: Can you be more specific in the other means that you believe are available to assure  his  presence? DC: Yes, he could be detained here in country until the Article 32 investigation. TC: Are you familiar with what authority the US has to do that? DC: I am aware of no authority under which he’s– –I’ve been given no indication that he is going to be deported by anyone in the form of any type of deportation letter or intent from the Italians. He is presently in country under what auspices and what authority I know not. But the government could also obtain the consent of the witness to come back for the Article 32 investigation should that prove necessary and should one be convened at any time. He has not indicated an aversion to coming back for an Article 32 investigation in that it does not properly state out– –or set out the points to be covered as required under paragraph 117(b), and we would also object to the person who has been designated to take the deposition as being an involved party in the deposition– – an adversary party, and a person who’s not neutral and detached who should act as a person who has been designated to take the deposition. TC:  Do  you  have  authority  for  that  final  one? DC: Just paragraph 117. TC: Okay, anything– –is that in paragraph 117, or is it only in the DA Pam? DC:  [No  response.] Figure  3-6-Sample  format  for  oral  deposition—Continued. 3-31

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