IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge William J. Martínez 

Criminal Case No. 11-cr-00376-WJM

UNITED STATES OF AMERICA,

Plaintiff,

vs.

1. EXECUTIVE RECYCLING, INC.,

2. BRANDON RICHTER, and

3. TOR OLSON,

Defendants.

 

ORDER FOR THE DEPOSITION OF EDMOND FUNG

 

 

This matter is before the Court on the Government’s Amended Motion for

Deposition, filed December 9, 2011 (ECF No. 37). The Court having considered the

motion of the United States, hereby GRANTS the Motion and ORDERS that in order to

preserve the testimony for trial of the prospective witness Edmond Fung, his deposition

shall be taken in accordance with the following procedures:

1. The deposition testimony of Edmond Fung, Hong Kong Environmental

Protection Department, Territorial Control Office, 24/F, Southorn Centre, 130 Hennessy

Road, Wan Chai, Hong Kong, shall be taken before a person authorized to administer

oaths in the place in which the examination is held either by the law thereof or by the

law of the United States. (This person hereinafter is referred to as the officer.) The

deposition testimony shall be taken after the officer has put Mr. Fung under oath or

affirmation.

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2. The officer personally or someone acting under the officer’s direction and

in the officer’s presence shall record Mr. Fung’s testimony. The testimony shall be

recorded by stenographic and sound-and-visual means.

3. Mr. Fung shall be the United States’ witness. Counsel for the United

States shall conduct direct examination, and counsel for the defendant may conduct

cross-examination. If counsel for the defendant conducts cross-examination, counsel

for the United States may conduct re-direct examination. There shall be no further

examination.

4. The scope and manner of the direct examination, cross-examination and

re-direct examination shall proceed as permitted at trial under the provisions of the

Federal Rules of Evidence except Rules 103 and 615.

5. All objections made at the time of the deposition shall be noted by the

officer upon the record of the deposition, but the deposition shall proceed with the

testimony being taken subject to the objections.

6. Any objection to evidence during the deposition shall be stated concisely

and in a non-argumentative and non-suggestive manner.

7. The officer shall certify that Mr. Fung was duly sworn by the officer and

that the stenographic transcript and sound-and-visual recording of the deposition

constitute the true record of Mr. Fung’s testimony. This certificate shall be in writing and

shall accompany the record of the deposition. The officer shall file the record of the

deposition with this court no later than 10 days prior to the start of the trial of this case. 

The record of the deposition shall include the stenographic transcript, the sound-andvisual recording and copies of all documents and other things produced for inspection

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during the deposition.

8. All documents and other things produced for inspection during the

deposition shall be marked as government exhibits or defendant’s exhibits and shall be

the same as those used during the trial.

9. The officer shall retain all stenographic or other notes of the deposition.

10. Use of the deposition at the trial of this case shall be governed by Rule 15

of the Federal Rules of Criminal Procedure and the pertinent Federal Rules of Civil

Procedure as made applicable by Rule 15 of the Federal Rules of Criminal Procedure.

11. Prior to and during trial, this court will entertain motions by the defendant

and the United States to preclude the use at trial of all or portions of the deposition.

Dated this 9th day of December, 2011.

BY THE COURT:

_______________________

William J. Martínez 

United States District Judge

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