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          1                     IN THE SUPERIOR COURT

          2                    OF THE STATE OF MONTANA

          3                  IN AND FOR CHEROKEE COUNTY
                  
          4
                  
          5
                  ( HOMER A. FICTION, et al.,
          6       (
                  (               Plaintiffs,
          7       (
                  (       -vs-                 No. 712321
          8       (
                  ( MOUNTAIN CEMENT, et al.,
          9       (
                  (                  Defendants.
         10       (________________________________
                  
         11
                  
         12

         13

         14                   DEPOSITION

         15                      OF

         16                   HOMER A. FICTION

         17                   VOLUME I

         18

         19

         20                   Monday, Oct 10, 1994






                                                             1



          1       APPEARANCES:

          2       Mr. Baker Morrison, ESQUIRE

          3       1234 West Ensign Street,

          4       Joe, Montana 12345-6789

          5

          6       ATTORNEY FOR DEFENDANT

          7

          8

          9       REPORTED BY:

         10       Ralph B. Quist, C.S.R.

         11       CERTIFIED COURT REPORTER AND NOTARY PUBLIC

         12

         13

         14

         15

         16

         17

         18

         19

         20






                                                             2



          1         BE IT REMEMBERED that on Monday, October 10,

          2       1994, commencing at the hour of 11:00 a.m., at the

          3       Law Offices of Nelson, Falmore, Moran and Morrison,

          4       1234 West Ensign Street, Joe, Montana, before

          5       me, Ralph B. Quist, a duly licensed Certified

          6       Shorthand Reporter in the State of Montana, appeared

          7                         HOMER A. FICTION,

          8       a witness called by the Defendants in the before

          9       entitled action, who, having been duly sworn by the

         10       Certified Shorthand Reporter to tell the truth, the

         11       whole truth and nothing but the truth, testified as

         12       follows:

         13                     EXAMINATION BY MR. MORRISON

         14                Q.   Have you taken any pills or medication

         15       of any kind in the last 24 hours?

         16                A.   No.

         17                Q.   Have you had any alcohol in the last 24

         18       hours?

         19                A.   Sure, but not very much this morning.

         20                Q.   Is there anything that you're aware of

         21       that would impair your ability to testify today?

         22                A.   No. Do you have a bathroom?

         23                Q.   Have you talked with either Officer

         24       Jones or Officer Smith since the accident?

         25                A.   Yes.


                                                                      3




          1                Q.   Okay.  Which one did you talk with?

          2                A.   Officer Perry Jones.

          3                Q.   When did you talk to him?

          4                A.   Two weeks ago.

          5                Q.   Did you call him?

          6                A.   No.  He called me. Officer Smith has

          7       been trying to call me, too.

          8                Q.   What did you and Perry talk about?

          9                A.   He wanted to know if I got my truck

         10       fixed yet. I told him it would be a long time until

         11       I have it back from the shop.

         12                Q.   How many chickens got lost after the

         13       accident?

         14                A.   150 chickens ran away, and about 50

         15       stayed in the truck. Some of them came back the next

         16       day, I don't know how many -- all the smart ones did.

         17                Q.   When did you first notice the cement

         18       truck that hit you?

         19                A.   When it was on top of the hood of my

         20       pickup.

         21                Q.   You didn't see it or notice it until

         22       after the accident?

         23                A.   That's right, it came out of nowhere

         24       and just smashed my pickup. It smashed it real bad.

         25                Q.   Did you know that the cement truck


                                                                      4




          1       was parked, with the engine off, and nobody was

          2       driving it when the accident occurred?

          3                A.   No. Who says that?

          4                Q.   You are asking over $1,000,000 in

          5       damages for the accident, is that correct?

          6                A.   Yes, but I wouldn't get all of the

          7       money myself, my attorney would get about  -- um,

          8       I think he would get about $660,000 of the money

          9       and I would get all of the rest of it. He came right

         10       over to the scene of the accident real fast after he

         11       heard the siren on the ambulance.

         12                Q.   Your attorney is Dewey Cheatem, right?

         13                A.   Yes.

         14                Q.   Did he give you any instructions about

         15       what to say during this deposition?

         16                A.   Sure, we talked about that more than

         17       all of the other stuff. He made real sure that I

         18       should say I still hurt real bad, but my girlfriend

         19       says I seem just fine to her. She doesn't like me

         20       driving around in her car, though. That makes her

         21       madder than me wrecking old blue.

         22                Q.   Why did your attorney drop you off and

         23       rush off after coming here with you this morning?

         24                A.   We heard about this other wreck on the

         25       radio driving up to the building, and he said that


                                                                      5




          1       he would be here as soon as he could.

          2                Q.   Ok, I want to ask you a few more things

          3       about the $1,000,000 you are asking for. You are

          4       claiming $100,000 for a "Bruce". What is a "Bruce"?

          5                A.   The Chicken.

          6                Q.   The Chicken?

          7                A.   Bruce. My chicken.

          8                Q.   $100,000 for a chicken?

          9                A.   Yeah. What's wrong with that? Do you

         10       think it should be more?

         11                Q.   How could a chicken be worth that much

         12       money?

         13                A.   You don't know Bruce. Here, I have a

         14       picture of him in my wallet.

         15       PLAINTIFF PULLS A PICTURE FROM HIS WALLET

         16       This is Bruce. The one standing near the front.

         17                Q.   Ok, so? It's just a chicken.

         18                A.   Ever seen a chicken play tic-tac-toe?

         19                Q.   You're kidding.

         20                A.   Bruce played tic-tac-toe. He'd beat ya

         21       every time. Ever taken a 'lickin from a chicken?

         22                Q.   What happened to Bruce?

         23                A.   After the wreck, after the cement truck

         24       blammed into me -- I was knocked silly for a little

         25       bit. It took a little while for me to get my wits


                                                                      6



          1       about me, then I noticed that the chicken cage in the

          2       back of the truck was smashed some, and the door was

          3       open. A hundred and fifty got away. I bet Bruce was

          4       a leadin' the pack when they made their run for it.

          5       Anyways -- most of the chickens went right back home,

          6       because they're all real smart, and that, but Bruce

          7       never came back. He went out to make it on his own in

          8       the world I suppose. Old man Ike said he saw Bruce

          9       the next day over at the Office, and that's it.

         10                Q.   The "Office"?

         11                A.   The Office. That's the bar over by the

         12       bowling alley.

         13                Q.   What was Bruce doing at the Office?

         14                A.   Well, yeah -- 'ya silly. He was prob'ly

         15       trying to make some pin money.

         16                Q.   How would Bruce make "pin" money at the

         17       Office?

         18                A.   Playing tic-tac-toe with the hicks.

         19                Q.   And he wins?

         20                A.   Every time. No one has ever beat him.

         21                Q.   How much does he win?

         22                A.   In July he won $50.

         23                Q.   What does Bruce do with the money he

         24       wins?

         25                A.   I don't know.


                                                                      7



          1  CERTIFICATE

          2              I, Ralph B. Quist, Certified

          3  Shorthand Reporter and Notary Public in and for

          4  the County of Cherokee, State of Montana,

          5  hereby certify that the foregoing pages, and

          6  including this page, contain a true and correct

          7  transcript of the testimony of the witness, as

          8  taken by me at the time and place heretofore

          9  stated, and later reduced to typewritten form by

         10  computer-aided transcription under my supervision

         11  to the best of my skill and ability.

         12              I further certify that I placed the

         13  witness under oath to truthfully answer all

         14  questions in this matter under the authority

         15  vested in me by the State of Montana.

         16              I further certify that I am not in

         17  the employ of, or related to, any counsel or

         18  party in this matter, and have no interest,

         19  monetary or otherwise, in the final outcome of

         20  the proceedings.

         21                Witness my signature and seal this

         22  the 10th day of October, 1994.

         23
                                                              
         24  Ralph B. Quist, CSR

         25                My Commission expires Dec. 31, 1999

                                                                      8


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