Conversation
Notices
-
Embed this notice
i'm not sure 100% what the context here but this is crazy
-
Embed this notice
@monsterislandcolonizer @Humpleupagus
-
Embed this notice
Depositions are considered in court proceedings though they don't occur in the courtroom. They're taken in private settings before a court reporter.
The scope of discovery isn't simply relevance or admissibility. Rather...
> Unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. Discovery may relate to the claim or defense of the party seeking discovery or of any other party to the action. Discovery may be obtained of the identity and location of persons having knowledge of any discoverable matter, as well as of the existence, description, nature, custody, condition, and location of any document, electronically stored information, tangible thing, or land or other property.
Nonetheless, a party can refuse to answer questions if there's a proper discovery objection. They can also stop the deposition to seek a protective order. Merely objecting to a line of questioning or presentation of photos without more doesn't do shit. You have to not answer or walk (at risk of monetary sanctions).
Thus, if she thought they were exceeding the scope of discovery or violating her privacy, she should have met and conferred with counsel per statute on the record and subsequently sought a protective order if the matter couldn't be resolved.
-
Embed this notice
context:
-
Embed this notice
@monsterislandcolonizer @Humpleupagus I really need your take on this
-
Embed this notice
@Humpleupagus @monsterislandcolonizer So it's all kosher
-
Embed this notice
Well... attorneys are generally immune for things said during a proceeding. If it violated some rule of professional conduct by implying threats, it's possible that the bar could take action, though they're also politics lackies and usually don't do shit against big firms or government counsel. Judges usually don't either. It's small solos that have to constantly watch their asses.
In this case, I'd want to see the transcript to see how the pictures related to the discovery process given the subject matter of the case.
I will explicitly state that if she thought what they were doing was improper, she didn't handle it properly either. Bitching on social media isn't the same thing as seeking a protective order. It looks to me like she let it happen, so she could publicize it. Because the government is involved, she had greater leeway re pretrial publicity. If this was a private party case, she could herself be in hot water for going to social media.
-
Embed this notice
@Humpleupagus @monsterislandcolonizer If I'm to understand proper, they are allowed to bring anything into discovery, and it is up to the discretion of the opposing council to strike down anything inappropriate or unrelated.
-
Embed this notice
Basically. Discovery generally happens outside of the courtroom unless a motion is brought by one of the parties to enforce some procedure.
So if it's a case about a car accident.
> Them: Is it true you fucked Chad Smith in high school?
> Me: objection. Exceeds the scope of discovery. Privacy. To client: Don't answer the question.
If they want to the question answered, they have file a motion seeking an order that my client answer the question — to compel response.
If they continue asking such questions, you inform them that they're conduct is harassing and that you will seek a protective order and sanctions if they don't stop. If they refuse, you meet and confer and then seek the order if it's not resolved.
-
Embed this notice
@Humpleupagus @Twoinchdestroya @monsterislandcolonizer I don't know about the photo of her kid, but street addresses are generally public information. Anyone can pull that up via property records, voting records, etc.
-
Embed this notice
Street address are fair game as to any party. They can be requested via the judicial council's form interrogories Disc-001 here in California.
-
Embed this notice
Sometimes.
-
Embed this notice
@Humpleupagus @Twoinchdestroya @monsterislandcolonizer
👀 The elephant is a lawyer?!
-
Embed this notice
And they still make you work the skank shift. 😒
-
Embed this notice
@PeachySummer @Humpleupagus @monsterislandcolonizer I'm surprised by some of the professions people here have
-
Embed this notice
@Twoinchdestroya @Humpleupagus @monsterislandcolonizer
Niggas gotta eat I guess.
I'm a pole dancer at a fat girl ranch myself.
-
Embed this notice
@Humpleupagus @Twoinchdestroya @monsterislandcolonizer
NANI :pikachu_surprised:
-
Embed this notice
@Humpleupagus @InceptionState @Twoinchdestroya @monsterislandcolonizer What about the judges lol, you can just start spouting off everyone’s addresses and family pics?
>did you have any contact with such and such journo fag @ xxxx awayfromtheniggers st. Also here’s their most recent pics to make sure.
-
Embed this notice
Well... judges can act sua sponte on their own motions or to otherwise control courtroom behavior, so what happens at a deposition and what happens in front of a judge in real time are two separate realities.
Bloodytailspike
Twoinchdestroya
?? Humpleupagus ??
InceptionState
PeachySummer
sargoysmuck
All GNU social JP content and data are available under the