In an Order yesterday, Magistrate Judge Ellis blocked the deposition of music mogul Jay Z (Shawn Carter) in a copyright case relating to the logo for Jay Z’s record label, Roc-A-Fella. However, the price to be paid for sparing him from the deposition was that Jay Z would not be allowed to testify at trial:
It is clear that, no matter how “important” or busy, all people are amenable to the Federal Rules of Civil Procedure. Anyone with knowledge of relevant facts in a case may be deposed. Carter has provided an affidavit that says he does not recall nor have any knowledge of the facts alleged in the Complaint . . . . [A] sworn affidavit in which an affiant denies knowledge or recollection of relevant facts is, for evidentiary purposes, the equivalent of a deposition during which a deponent makes identical denials . . . . [A] witness who swears before trial that he has no personal knowledge of relevant facts may not avoid discovery by later claiming “sudden recollection” and testifying at trial.
Our prior post on the case is here.