Fuller v. Rush (254 F. Supp. 216, 1966)

HEMPHILL, District Judge.

By previous order of this court filed January 26, 1966 this court took under advisement the objections to the previously noticed taking of the deposition of defendant Samuel Rush, a minor under 14 years of age. Counsel for the child and his parents had previously advised the court that, should the deposition of the child be sought, he feared that the impact of examination before the court, or a court official might possibly have serious harmfu! effects on the child m view of his state of anxiety.

The court took the matter under advisement. Subsequently after conferring with the court and the attorneys for all parties, the attorneys of defendants proposed that the child be examined by psychiatrists at the United States Army Hospital at Fort Jackson, South Carolina for an evaluation of his mental status, This was done and the evaluation report returned by the Commanding Officer of the Medical Corps at the hospital is attached to this order as Appendix A.

A conference on the question of the taking of the deposition held on May 18, 1966 revealed the compassion of the opposing counsel and their concern, for the welfare of the minor The avenues best suited for the protection of his welfare were explored at that time.

Oral deposition of the minor shall be held before the undersigned, as presiding ídg