Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
I'll try to respond to each question:
1.As for the deposition, Do I have to attend it? How can I have the Bankruptcy judge get me any relief from this as these are the same tactics they were pursuing in the civil litigation that has prompted me to file for bankruptcy.
Yes, you must attend the deposition. The opposing party has a right to take your deposition as part of the discovery process. The judge is not going to prohibit this from occurring. They can ask you about anything that is relevant to the litigation. If a question concerns some irrelevant topic or issue, you can object and refuse to answer. If you can't agree on what is relevant and is not relevant, the judge can be called to decide the issues. 2.They demands for production exceed what I can and wish to provide, how do I answer/defend that?
You can object to any request for production as being overly broad, unduly burdensome, irrelevant and not calculated to lead to any discoverable evidence. However, any relevant documents related to the litigation must be produced. If you can't agree, or if you can't resolve the objections, the other party will file a motion to compel discovery, state their case (and you will be allowed to respond to the claims) and the judge will decide what you must produce.
3.Their request for interrogatories is similar as they had asked during the civil litigation, How can I avoid/defend responding to the same?
You do this the same way as with the requests for production. You can object on the grounds of that the interrogatory is overly broad, unduly burdensome, irrelevant and not calculated to lead to any discoverable evidence. However, any relevant question must be answered, and if you can't agree, that would also be the subject of a motion to compel.
4.Do they have the right to pursue the same Notices (Depo,Interrogatories & Production) as they would have in the normal civil litigation at a stage where the case is up for a pretrial?
5.How can I request the judge to take a hearing on this sooner?
You can file a motion for an expedited hearing with the court and then ask the court to set the matter asap.
6.How can I dismiss their demands?
In order to do this, you would have to file a motion to dismiss and prove that there is no claim stated upon which relief can be granted, and that the claims should be dismissed. A motion to dismiss is very difficult unless you can prove that there are no grounds, facts or circumstances that gives the other party a viable claim against you. 7.How can I postpone what they are asking to get suitable time to find an attorney (if needed)
You can file a motion for additional time to respond to the discovery propounded. You can usually get an extra 30 days or so without much trouble.
Yes, it can be a simple statement, but it should be more about preserving the integrity of the case, keeping the jury from being prejudiced or tainted by the media attention, pre-judging the case, etc.
I can't find any forms for this online. There is not likely a form. Instead, you would just have to make it up or have your attorney assist you with it.
CERTIFICATION OF NECESSITY OF REQUEST FOR EMERGENCY HEARING.
I , the defendant, hereby certify that I have a true necessity for an emergency motion, that the matter under consideration is not interposed for any improper purpose, such as to harass, to cause delay, or to increase the cost of litigation, and there is just cause to request a consideration of the following pleading on an emergency basis:
Emergency Hearing on Motion for Protective Order
The Plaintiff’s have refused to keep confidential the VIDEO DEPOSITION and may possibly disseminate that to the public and media before the trial of the case, as they have done four times in the past by calling media and giving interviews with allegations and this would highly prejudice the case. It can also possibly taint the potential jurors and they may pre-judge the case. Since the deposition is scheduled for Monday, August 13,2012, and since the Plaintiff’s have refused to keeping this confidential and only for use in litigation, there is a need for an emergency hearing on this motion.
I CERTIFY FURTHER that the necessity of this emergency hearing has not been caused by a lack of due diligence on my part, but has been brought about only by circumstances beyond my control or that of my attorney.
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