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Thursday, March 24, 2011

Does the County Recorder's Office Have a Photocopier?

Maybe, like me, when you teach your students about recording acts and title searches, you tell them the county officials they'll need to work with to complete a title search are helpful. 

On the other hand, maybe not so much . . . .

From the Cleveland Plain-Dealer comes this account of an exchange between a Cuyahoga County Recorder's Office official (Patterson), and an attorney (Marburger) who is deposing him about the presence, or absence, of a photocopier in the office, under the watchful eye of defense counsel (Cavanagh). 

Marburger: During your tenure in the computer department at the Recorder's office, has the Recorder's office had photocopying machines?

Cavanagh: Objection.

Marburger: Any photocopying machine?

Patterson: When you say "photocopying machine," what do you mean?

Marburger: Let me be -- let me make sure I understand your question. You don't have an understanding of what a photocopying machine is?

Patterson: No. I want to make sure that I answer your question correctly.

Cavanagh: Dave, I'll object to the tone of the question. You make it sound like it's unbelievable to you that he wouldn't know what the definition of a photocopy machine is.

Marburger: I didn't ask him to define it. I asked him if he had any.

Patterson: When you say "photocopying machine," what do you mean?

Marburger: Let me be clear. The term "photocopying machine" is so ambiguous that you can't picture in your mind what a photocopying machine is in an office setting?

 

Apparently he cannot.  It continues . . . .

Cavanagh: There's different types of photocopiers, Dave.

Marburger: You're speaking instead of -- you're not under oath. This guy is.

Cavanagh: I understand that, but I understand what his objection is. You want him to answer the question, but I don't think it's fair.

Marburger: It's not fair?

Cavanagh: It's not a fair question. A photocopy machine can be a machine that uses photostatic technology, that uses xerographic technology, that uses scanning technology.

Marburger: I don't care what kind of technology it uses. Has your offices -- we don't have technocrats on the Ohio Supreme Court. We've got people like me, general guys --

Cavanagh: Objection. 

 

I love that objection; apparently defendant's counsel objects to plaintiff's counsel's description of himself as a general guy.  But there's more . . . .

Patterson: I understand that there are photocopying machines, and there are different types of them just like --

Marburger: Are there any in the Recorder's office?

Patterson: -- there are different cars. Some of them run under gas power, some of them under electric power, and I'm asking if you could help me out by explaining what you mean by "photocopying machines" --

Marburger: That's a great point.

Patterson: -- instead of trying to make me feel stupid.

Marburger: If you feel stupid, it's not because I'm making you feel that way.

Cavanagh: Objection.

 

At this point, if my 14 year-old were here, he'd be yelling something like 'pwnned!', which apparently means 'owned,' which in human apparently means 'that was a zinger.'   But wait!  Perhaps if plaintiff's counsel could simply re-phrase the question, we could find an answer that makes everyone happy . . . .

Marburger: Have you ever--do you have machines there where I can put in a paper document, push a button or two, and out will come copies of that paper document also on paper? Do you have such a machine?

Patterson: Yes, sir.

Marburger: What do you call that machine?

Patterson: Xerox.

Success!

And good luck with that title search, students.

Addendum:

Then again, there are photocopiers, and then there are photocopiers, as we learned from The Wire:

 

Mark A. Edwards

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Comments

Unfortunately Prof your wrong about this case. It's partially not your fault though. When you read an article like this you have to start asking questions. How much information did the article provide you about the company initiating the case? Why was it so important to get a definition or inference on the record that a photocopier existed? Finally, why wouldn't the attorney simply re-phrase the question? There are many questions here that you easily over looked. Professor's should by nature be inquisitive instead of ingesting whats spoon fed by a writer who's newspaper also employs the attorney in this case. There is an important legal question being asked here. I implore you to seek it out. Oh and it's not whether or not records should be available at reasonable cost. In fact, they are available free online. Pwnned!

Posted by: Tony | Apr 20, 2011 9:57:34 PM

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