In reviewing the arguments over whether certain of Higgins testimony should be stricken due to ACP, I found this which I was not fully aware of. I remember the part where Higgins was instructed by the court to answer all questions. But I was not aware of the piece that is in bold below. So Ward was respecting ACP. Perhaps our boys took it for granted that they could use ACP as reason not to answer in depo, before seeking a court ruling on it. Which then led to the request to expedite a court ruling before any more depos. I feel better now. Opty
<During the deposition of Willis Higgins on August 16, 2007, counsel for the parties had a Discovery Hotline call with the Court. As identified at the beginning of the call, counsel for both TPL and Moore attended Mr. Higgins' deposition. Both made privilege objections and instructions throughout the deposition. With regard to some questions, however, no such objections or instructions occurred and the witness answered the questions. As a result of the Hotline call, certain questions - regarding the accuracy of the statements made in the deposition exhibits - were allowed by the Court subject to the right for any party to file a motion
to request that "this information . . . is privileged." >
