`Circuit Court
`Sullivan County, Indiana
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`SULLIVAN COUNTY CIRCUIT COURT1
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`CAUSE NO. 77C01-1904-CT-000204
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`STATE OF INDIANA
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`COUNTY OF SULLIVAN
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`MICHAEL D. HICKINGBOTTOM,
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`Petitioner,
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`v.
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`ROBERTE. CARTER,etal.,
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`Defendants.
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`RESPONSE TO MOTION FOR DEPOSITION OF DEFENDANTS
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`Defendants, by counsel, respectfully submit this response to Plaintiff's Motion for
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`Depositions of Defendants. In support of this response, Defendants state the following:
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`1. On November23, 2020, Plaintiff filed a Motion for Depositions of Defendants. No such
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`motion neededbe filed with the Court. No named defendant is an incarcerated individual
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`and thus, Plaintiff does not need the Court’s permission to notice their deposition.
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`The Plaintiff is, however, required to incur the cost of a court reporter to swear in the
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`witness, properly record and transcribe the depositions. See Ind. R. Trial P. 30 (The
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`officer before whom the deposition is to be taken shall put the witness on oath and shall
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`personally, or by someoneacting underhis direction and in his presence, record the
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`testimony of the witness. The testimony shall be taken stenographically or recorded by
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`any other means designated in accordance with subdivision (B)(4) ofthis rule.If
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`requested by oneofthe parties, the testimony shall be transcribed.)
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`Defendant objects to the recording of a deposition by a simple recording device, as
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`requested by Plaintiff. First, deposition by recording device only does not provide an
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`officer of the Court to administer the oath to the deponent. Second, a deposition by
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`recording is simply unreliable. The recorder may not accurately reflect the testimony of
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`the defendants and provides no wayfor the Plaintiff, or opposing counsel, to mark and
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`compile exhibits introduced during the deposition.
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`4. Defendants do not consentto the taking of a deposition absent an individual able to swear
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`in the witness, mark exhibits and transcribe the testimony provided.
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`WHEREFORE, Defendants respectfully request that this Court deny the Plaintiff's request
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`to conduct depositions by recording device only and grant all other just and properrelief.
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`Respectfully submitted,
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`Theodore E. Rokita
`Indiana Attorney General
`Attorney No. 18857-49
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`By:—s/Marley Hancock
`Marley Hancock
`Deputy Attorney General
`Attorney No. 3461 7-32
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`OFFICE OF ATTORNEY GENERAL
`Indiana Government Center South, 5" Floor
`302 West Washington Street
`Indianapolis, IN 46204-2770
`Telephone: (317) 232-6287
`Facsimile: (317) 232-7979
`E-mail: Marley.Hancock@atg.in.gov
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`CERTIFICATE OF SERVICE
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`Thereby certify that on January 22, 2021, I electronically filed the foregoing with the
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`Clerk of the Court using the CM/ECF system. Further, I certify that a copy of the foregoing has
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`been duly served upon the party of record listed below by United States mail, first-class postage
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`prepaid, on January 22, 2021:
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`Michael Hickingbottom
`DOC # 147099
`Wabash Valley Correctional Facility
`6908 S. Old US Highway 41
`Carlisle, IN 47838
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`OFFICE OF ATTORNEY GENERAL
`Indiana Government Center South, 5“ Floor
`302 West Washington Street
`Indianapolis, IN 46204-2770
`Telephone: (317) 232-6287
`Facsimile: (317) 232-7979
`E-mail: Marley.Hancock@atg.in.gov
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`/s/Marley G. Hancock
`Marley G. Hancock
`Deputy Attorney General
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