Here is the portion of Raanan Katz deposition taken in Raanan Katz "copyright" case (by the way it was videotaped). I found interesting Raanan Katz and his attorney's behavior.
Later Court sanctioned Raanan Katz attorney and denied Raanan Katz protective motion.
"Attorney: Okay. Good morning, Mr. Katz. Is it okay if I call you Mr. Katz?
RAANAN KATZ: You call me -- call me Raanan. Sounds good.
Attorney: Okay, Raanan, sure.
Raanan Katz: Raanan, but say it right.
Attorney: I'm going to call you Mr. Katz so that I don't butcher your name all day long, okay.
MR. KLUGER (Raanan Katz attorney): I don't know, there's a -- there's a beeping that's coming from you client's Computer.
Attorney: She's going to turn it off.
MR. KLUGER: Great.
Attorney: Thank you. Mr. Katz, can you state
your full name for the record please?
Raanan Katz: I've said. But I'll say it again, Raanan Katz.
Attorney: Let's just make sure we can get that turned off so
we're done.
MR. KLUGER: And I would like a representation an the record that the only transcription of this deposition is being taken by the court reporter and not by your client, either taping or in any manner recording this deposition.
Attorney: I can direct her to do so when she comes back in a minute.
MR. KLUGER: Okay, great.
Attorney: That's why we've got an official court reporter here.
MR. KLUGER: I understand.
Attorney: Okay.
MR. KLUGER: That's why I'm saying what I'm saying, is that the official is how it should be done. She's got a bunch of gadgets over there and I just want to make sure that she's not taking pictures or anything because we do have a history of your side.
Attorney: Okay. I'm done. I've heard your objection. It's clear to me now. Thank you.
MR. KLUGER: Let me explain, you're not going to interrupt me in this deposition. So you'll just have to put up with me. I'm not a potted plant. We've had history in this case of proceedings being photographed and then sliced and cut and sent onto the Internet. And while I know that this court reporter wouldn't do that, I don't know that your client wouldn't, and so that's why I would like you to get that representation from her when we're back on the record -
Attorney: Thank you.
MR. KLUGER: -- with her.
Attorney: We'll wait for her to return.Actually I can start if it's okay. Mr. Katz, did you receive a copy of this notice, re-notice of deposition,and the original notice of deposition prior to coming
here today?
Raanan Katz: I receive -- I received a notice, I don't know if this one ‚ but I did receive.
Attorney: You did receive a notice of deposition prior to coming here today?
Raanan Katz: Yes, yes.
Attorney: Is that what you believe you received?
Raanan Katz: I believe so. It's signed by Robert K., not by you.
Attorney: Right, right, okay.
Raanan Katz: Not sign actually, only type his name.
Atorney: It's an electronic signature.
Raanan Katz: Okay, no problem.
Attorney: Okay. The -
MR. KLUGER: Exhibit 1?
Attorney: I'm not done with it yet. Can you wait a minute?
MR. KLUGER: No, I mean, are you marking it?
Attorney: I'm not -- I haven't -- I haven't finished. So I don't know.
MR. KLUGER: Okay, go ahead.
Attorney: The -- the documents attached in the request for Exhibit A, did you bring those with you today?
Raanan Katz: The document request -
Attorney: Right. There is two document requests in Exhibit A of that deposition notice asking you to bring documents with you. Did you bring those with you today?
Raanan Katz: I gave -- I gave my attorney about a few weeks ago. And anything I have this, you know, of this picture. I've -- I've a bunch over here but, Michael what -- whatever -- whatever you have here, but it should -
MR. KLUGER: I'm handing you a copy of the assignment of copyright. We don't have the original. And we don't -- we don't have the original. I think that Seffi Magriso would have the original. Well, that is a true and correct copy and the witness will so state. The same with the photograph. It's Seffi Magriso has the original, and so we only have a copy.
Attorney: Okay. So we're going to mark this as Exhibit 1.
MR. KLUGER: Are we going to get the representation from your client on the record?
Attorney: Yeah. Please don't take any photos of anybody in this room during the deposition. Please do
not record this deposition other than the recordation by the court reporter during the deposition. Thank you. Okay. So this document that we're going to label as Exhibit 2. And we don't have copies, but we'll make copies, is -
MR. KLUGER: I've -- I've a second version.
Attorney: Okay, so can I have that one?
MR.KLUGER: Sure.
Attorney:Great. So this is the only responsive documents that you have in -- in response to
the deposition notes, correct?
Raanan Katz: Yes.
Attorney: Okay. We're going to make that 2 please. (Thereupon, Exhibit 2 was entered into the record.)
MR. KLUGER: Which is 2?
Attorney: The responsive document assignment.
MR.KLUGER:Okay.
Raanan Katz: I also have here -- I also have a copy of the other from the Israeli paper, Haaretz.
MR.CHESAL (second Raanan Katz attorney):Weh, he has that in the production.
Raanan Katz: He has it in production. Okay,fine.
Attorney: Okay.
MR. KLUGER: Haaretz which is spelled H-A-A-R - H-A-A-R-E-T-Z.
Raanan Katz: E-T-Z.
Attorney: All right. Mr.Katz, handing you a copy of a Appeals Court case from the First Circuit
Court of Appeals from 1980 where you petitioned the court based upon a criminal conviction of perjury. Do you recall that case?
MR. KLUGER: Okay.
Raanan Katz; Is this -
MR. KLUGER: We're not going to -- excuse me, look at me. I'm your lawyer. If I'm speaking you don't speak. We're not going to have you litigate the other cases.This is a copyright oase. I -- I thought that you would do this because of the way that you guys litigate. So I want you to know my position is as follows, and then let's see if we can either resolve it on the record or off the record. Under subsection C, I can terminate this deposition based on what I believe is your bad faith harassment for sufficient enough time to move and seek a protective order. Or you and I can agree without prejudice to your position that I will file a timely motion for protective order, but I will not let you go into anything that doesn't deal with either the oopyright case or your defenses to the copyright case. If that's not sufficient we'll call Judge King right now. I have the pleadings with me, if you would point me to a portion of the complaint, amended complaint, defendant's answer from the defenses -- defendant's motion to dismiss, second motion to dismiss, response to the motion to dismiss, reply or order denying motion to dismiss, that raises issues that allow you to interrogate this witness on a
22-year-old opinion, please show me.
Attorney: First, I believe you need to stop with the long speaking objections. If you have a specific
objection, I'm sure you can make it. Second, whether or not Mr. Katz was convicted of criminal perjury is an important issue that goes to the veracity of your client's ability to testify, and those is definitely relevant in this case. His ability to testify truthfully at today's deposition is absolutely
relevant. It's important for me to know that he's going to be able to testify. Third, let me review your
own word, Mr. Kluger, "Let me see if I can educate you. Let me see if I can make some ground rules that every court will agree. Here's the deal. You can object to form. You can object to privilege. In that case I suggest you instruct him or her not to answer because there is an argument that the privilege will be waived. Asked and answered is a form objection. Cumulative is form objection. Speaking objections are not allowed. So you have two choices, Mr. Kluger; make your objection, and if not I'll press for the answer, or if you find that I'm being abusive, you suggest that you adjourn the deposition. Are you going to adjourn this deposition based on me asking whether or not Mr. Katz is going to be able to truthfully testify in light of his criminal perjury history?"
MR. KLUGER: A 1978 proceeding, even if it would go to creditability of a witness, which this wouldn't because of the nature of the civil proceeding, is clearly time barred under the federal rules as not being recent enough for you to examine. It's clear that you're doing it for harassment. If it was merely the question of have you ever been convicted of a crime and he answered it and you asked exactly the question, but you're not doing that, you're grandstanding for your client. So I'm going seek a protective order. I leave it in your court. Do you want me to adjourn the deposition, sufficient time to do that, or you want to ask your next questions because we'll sit here and answer the rest of your questions, we won't answer that."
Later Court sanctioned Raanan Katz attorney and denied Raanan Katz protective motion.
"Attorney: Okay. Good morning, Mr. Katz. Is it okay if I call you Mr. Katz?
RAANAN KATZ: You call me -- call me Raanan. Sounds good.
Attorney: Okay, Raanan, sure.
Raanan Katz: Raanan, but say it right.
Attorney: I'm going to call you Mr. Katz so that I don't butcher your name all day long, okay.
MR. KLUGER (Raanan Katz attorney): I don't know, there's a -- there's a beeping that's coming from you client's Computer.
Attorney: She's going to turn it off.
MR. KLUGER: Great.
Attorney: Thank you. Mr. Katz, can you state
your full name for the record please?
Raanan Katz: I've said. But I'll say it again, Raanan Katz.
Attorney: Let's just make sure we can get that turned off so
we're done.
MR. KLUGER: And I would like a representation an the record that the only transcription of this deposition is being taken by the court reporter and not by your client, either taping or in any manner recording this deposition.
Attorney: I can direct her to do so when she comes back in a minute.
MR. KLUGER: Okay, great.
Attorney: That's why we've got an official court reporter here.
MR. KLUGER: I understand.
Attorney: Okay.
MR. KLUGER: That's why I'm saying what I'm saying, is that the official is how it should be done. She's got a bunch of gadgets over there and I just want to make sure that she's not taking pictures or anything because we do have a history of your side.
Attorney: Okay. I'm done. I've heard your objection. It's clear to me now. Thank you.
MR. KLUGER: Let me explain, you're not going to interrupt me in this deposition. So you'll just have to put up with me. I'm not a potted plant. We've had history in this case of proceedings being photographed and then sliced and cut and sent onto the Internet. And while I know that this court reporter wouldn't do that, I don't know that your client wouldn't, and so that's why I would like you to get that representation from her when we're back on the record -
Attorney: Thank you.
MR. KLUGER: -- with her.
Attorney: We'll wait for her to return.Actually I can start if it's okay. Mr. Katz, did you receive a copy of this notice, re-notice of deposition,and the original notice of deposition prior to coming
here today?
Raanan Katz: I receive -- I received a notice, I don't know if this one ‚ but I did receive.
Attorney: You did receive a notice of deposition prior to coming here today?
Raanan Katz: Yes, yes.
Attorney: Is that what you believe you received?
Raanan Katz: I believe so. It's signed by Robert K., not by you.
Attorney: Right, right, okay.
Raanan Katz: Not sign actually, only type his name.
Atorney: It's an electronic signature.
Raanan Katz: Okay, no problem.
Attorney: Okay. The -
MR. KLUGER: Exhibit 1?
Attorney: I'm not done with it yet. Can you wait a minute?
MR. KLUGER: No, I mean, are you marking it?
Attorney: I'm not -- I haven't -- I haven't finished. So I don't know.
MR. KLUGER: Okay, go ahead.
Attorney: The -- the documents attached in the request for Exhibit A, did you bring those with you today?
Raanan Katz: The document request -
Attorney: Right. There is two document requests in Exhibit A of that deposition notice asking you to bring documents with you. Did you bring those with you today?
Raanan Katz: I gave -- I gave my attorney about a few weeks ago. And anything I have this, you know, of this picture. I've -- I've a bunch over here but, Michael what -- whatever -- whatever you have here, but it should -
MR. KLUGER: I'm handing you a copy of the assignment of copyright. We don't have the original. And we don't -- we don't have the original. I think that Seffi Magriso would have the original. Well, that is a true and correct copy and the witness will so state. The same with the photograph. It's Seffi Magriso has the original, and so we only have a copy.
Attorney: Okay. So we're going to mark this as Exhibit 1.
MR. KLUGER: Are we going to get the representation from your client on the record?
Attorney: Yeah. Please don't take any photos of anybody in this room during the deposition. Please do
not record this deposition other than the recordation by the court reporter during the deposition. Thank you. Okay. So this document that we're going to label as Exhibit 2. And we don't have copies, but we'll make copies, is -
MR. KLUGER: I've -- I've a second version.
Attorney: Okay, so can I have that one?
MR.KLUGER: Sure.
Attorney:Great. So this is the only responsive documents that you have in -- in response to
the deposition notes, correct?
Raanan Katz: Yes.
Attorney: Okay. We're going to make that 2 please. (Thereupon, Exhibit 2 was entered into the record.)
MR. KLUGER: Which is 2?
Attorney: The responsive document assignment.
MR.KLUGER:Okay.
Raanan Katz: I also have here -- I also have a copy of the other from the Israeli paper, Haaretz.
MR.CHESAL (second Raanan Katz attorney):Weh, he has that in the production.
Raanan Katz: He has it in production. Okay,fine.
Attorney: Okay.
MR. KLUGER: Haaretz which is spelled H-A-A-R - H-A-A-R-E-T-Z.
Raanan Katz: E-T-Z.
Attorney: All right. Mr.Katz, handing you a copy of a Appeals Court case from the First Circuit
Court of Appeals from 1980 where you petitioned the court based upon a criminal conviction of perjury. Do you recall that case?
MR. KLUGER: Okay.
Raanan Katz; Is this -
MR. KLUGER: We're not going to -- excuse me, look at me. I'm your lawyer. If I'm speaking you don't speak. We're not going to have you litigate the other cases.This is a copyright oase. I -- I thought that you would do this because of the way that you guys litigate. So I want you to know my position is as follows, and then let's see if we can either resolve it on the record or off the record. Under subsection C, I can terminate this deposition based on what I believe is your bad faith harassment for sufficient enough time to move and seek a protective order. Or you and I can agree without prejudice to your position that I will file a timely motion for protective order, but I will not let you go into anything that doesn't deal with either the oopyright case or your defenses to the copyright case. If that's not sufficient we'll call Judge King right now. I have the pleadings with me, if you would point me to a portion of the complaint, amended complaint, defendant's answer from the defenses -- defendant's motion to dismiss, second motion to dismiss, response to the motion to dismiss, reply or order denying motion to dismiss, that raises issues that allow you to interrogate this witness on a
22-year-old opinion, please show me.
Attorney: First, I believe you need to stop with the long speaking objections. If you have a specific
objection, I'm sure you can make it. Second, whether or not Mr. Katz was convicted of criminal perjury is an important issue that goes to the veracity of your client's ability to testify, and those is definitely relevant in this case. His ability to testify truthfully at today's deposition is absolutely
relevant. It's important for me to know that he's going to be able to testify. Third, let me review your
own word, Mr. Kluger, "Let me see if I can educate you. Let me see if I can make some ground rules that every court will agree. Here's the deal. You can object to form. You can object to privilege. In that case I suggest you instruct him or her not to answer because there is an argument that the privilege will be waived. Asked and answered is a form objection. Cumulative is form objection. Speaking objections are not allowed. So you have two choices, Mr. Kluger; make your objection, and if not I'll press for the answer, or if you find that I'm being abusive, you suggest that you adjourn the deposition. Are you going to adjourn this deposition based on me asking whether or not Mr. Katz is going to be able to truthfully testify in light of his criminal perjury history?"
MR. KLUGER: A 1978 proceeding, even if it would go to creditability of a witness, which this wouldn't because of the nature of the civil proceeding, is clearly time barred under the federal rules as not being recent enough for you to examine. It's clear that you're doing it for harassment. If it was merely the question of have you ever been convicted of a crime and he answered it and you asked exactly the question, but you're not doing that, you're grandstanding for your client. So I'm going seek a protective order. I leave it in your court. Do you want me to adjourn the deposition, sufficient time to do that, or you want to ask your next questions because we'll sit here and answer the rest of your questions, we won't answer that."
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| RAANAN KATZ: "Make sure you say it right" |