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Article • May 15, 2007
Abusive deposition tactics frustrate the truth-finding process in litigation. What are the proper limits of these objections? by Abusive deposition tactics frustrate the truth-finding process in litigation. What are the proper limits of these objections? It was the end of a long day of depositions in a tense medical malpractice …
Article • May 15, 2007
Deposition Sufficient to Present Testimony by An imprisoned attorney petitioned the Ohio Supreme Court for the issuance of a writ of habeas corpus ad testificandum compelling his conveyance to a hearing of the State Bar to answer a complaint filed against him. Absent a showing that his personal appearance outweighed …
Article • May 15, 2007
Civil Defendants Must Pay for Plaintiff's Deposition Copy by A West Virginia federal district court ordered the Defendants, in a civil case brought by a prisoner/plaintiff proceeding in forma pauperis, to pay the court reporter's bill for the plaintiff's copy of a deposition initiated by the Defendant's. The Court stated …
Article • May 15, 2007
Costs of Deposition Copy Not Waivable by A New York federal district court has held that an indigent plaintiff can not be allowed to take a deposition of witnesses without pre-paying the costs thereof, and that the defendants can not be compelled to advance the costs of the deposition. To …
Article • May 15, 2007
No Subpoenas for Indigent Litigants by The court of appeals for the Ninth circuit affirmed the dismissal of an Oregon prisoner's 42 U.S.C. Section 1983 action alleging claims against a prison guard, who did not honor a subpoena, and an assistant attorney general, who advised the guard the subpoena did …
Article • May 15, 2007
Court Appearance Governed by Fundamental Fairness by A Michigan prisoner appealed the trial court's denial of his petition for writ of habeas corpus ad testificandum and his motion for leave to testify by deposition which effectively foreclosed him from obtaining a divorce. In Michigan, a judgment of divorce may not …
$125,000 Awarded in Illinois Prisoner's Rape; Jury Instruction Explaining Directed Verdict Harmless by $125,000 Awarded in Illinois Prisone's Rape; Jury Instruction Explaining Directed Verdict Harmless The Seventh Circuit of Appeal upheld a jury instruction that explained the directed verdict in favor of the supervisory defendants, and held that even if …
Brief • March 29, 2007
Filed under: Discovery, Depositions
Centinela v. Bacardi & Co, DDC, Opinion, Discussion of Motion to Acquire Defendent's Documents, 2007 Case 1:04-cv-02201-RCL Document 32 Filed 03/29/07 Page 1 of 28 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) Plaintiff, ) ) v. ) ) BACARDI & COMPANY LIMITED, ) ) Defendant. …
Article • December 15, 2005 • from PLN December, 2005
Former California Warden Allegedly by Former California Warden Allegedly Assaults News Reporter The former warden of Salinas Valley State Prison (SVSP), Anthony Lamarque, allegedly swung a cane at Sacramento News and Review reporter Stephen James and then pinned him against a wall, when Lamarque apparently objected to being photographed at …
Article • May 15, 2004 • from PLN May, 2004
Dismissal Sanction for Prisoner's Refusal to Be Deposed Without Court Order Reversed by Dismissal Sanction for Prisoner's Refusal to be Deposed Without Court Order Reversed The Tenth Circuit Court of Appeals held that considering a prisoner's refusal to be deposed absent a court order, as a factor to enter a …
Brief • July 17, 2003
Gregory v. City of Louisville, KY, Katsaris Deposition Pt II, 2003 Katsaris Deposition, Part 1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION CASE NO. 3:01-CV-535-R WILLIAM THOMAS GREGORY, Plaintiff, vs. VOLUME 1 PAGES 1 - 208 CITY OF LOUISVILLE, et al, Defendants. ______________________________ DEPOSITION OF: W. KEN …
Deposition Testimony Not Hearsay; Expert Must Satisfy Daubert in BOP Van Accident by The Seventh Circuit Court of Appeals held that a district court erred in failing to make findings of fact on critical issues, excluding the deposition testimony of a prisoner as hearsay, and in failing to conduct a …
Article • October 15, 1998 • from PLN October, 1998
Prisoner Attendance at Depositions Discussed by The court of appeals for the Sixth circuit held that a district court erred when it issued an order permitting a prisoner plaintiff to attend the pretrial deposition of prison officials conducted by his lawyer. In doing so, the court set forth standards lower …
Jury Trial May Require Plaintiffs' Presence by The court of appeals for the fifth circuit held that a district court erred in not allowing two pro se prisoner litigants to be present when their case went to a jury trial. The court also found error in the manner in which …
Article • July 15, 1995 • from PLN July, 1995
Dismissal for Failure to Amend Complaint Reversed by The court of appeals for the second circuit has held that a pro se prisoner's complaint should not be dismissed for failure to file a clear and concise complaint, failing to comply with the pleading requirements of Federal Civil Procedure and for …
Third Circuit Announces Rules for Appointment of Counsel by Harvey Tabron is a Pennsylvania state prisoner. He sued prison officials claiming they had failed to protect him from attack by another prisoner. In the course of the litigation Tabron requested that the district court appoint counsel to represent him, order …
Article • August 15, 1993 • from PLN August, 1993
Non-Stenographic Depositions by Paul Wright By Paul Wright The most crucial part or process of a civil rights suit is the discovery phase. In many civil rights cases the defendants are government employees performing state functions and thus have sole control of the relevant evidence the plaintiff will need to …
Article • January 15, 1991 • from PLN January, 1991
Non-Stenographic Depositions by Paul Wright By Paul Wright The most crucial part or process of a civil rights suit is the discovery process. In prison suits the defendants, i.e. prison officials, have almost sole possession of the evidence that you will need to prove your claims. Many prisoners do not …
Baraldini v. Messe, DC, Superseding Memo Opinion, Violating Amendment Rights, 1988 691 F.Supp. 432 (1988) Silvia BARALDINI, et al., Plaintiffs, v. Edwin MEESE, Attorney General of the United States of America, et al., Defendants. Civ. A. No. 88-0764. United States District Court, District of Columbia. July 19, 1988. 433 *433 …
Publication • January 1, 1984
Filed under: Depositions
Washington and Lee Law Review-Admissibility of Prio-Action Depositions and Former Testimony, Jan. 1984 Washington and Lee Law Review Volume 41 | Issue 1 Article 8 Winter 1-1-1984 Admissibility of Prior-Action Depositions and FormerTestimony Under Fed. R. Civ. P. 32(a)(4) andFed. R. Evid. 804(b)(1): Courts DifferingInterpretations J. Randall Coffey Washington and …
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