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I never mentioned the existence of the transcript in the initial Appellate brief. We had discussed that, in that we didn't want the other party to make that a big issue at the Appellate Court. I mentioned the Motion For Reconsideration in my initial brief, with all its case law favoring my freedom of speech rights (which the lower Court denied) as the document that the Appelle Court could hang its hat on to reverse the lower Court (no transcript needed) decision on the Gag Order. However, if the opposing party wants to bring up the transcript in the reply brief to Appellate Court, we can always forward to Appellate Court.
The transcript was mentioned in the lower Court by Plaintiff. Opposing party claims that I mentioned the transcript at the Appellate Court (didn't happen) as an excuse to have me answer his latest admissions so that he can prepare his reply brief. TX
Now on his latest admission request he bluntly lies about what happened, see attached admission request I sent. He alleges that judge told me before the hearing not to audio record the hearing - LIE! He alleges that the judge told me to turn off the audiotape during the hearing - LIE!. He alleges that the judge SPECIFICALLY told me NOT to record the hearing. LIE! The judge never mentioned anything about recording or not recording, never came up. Question: The judge should know, or have a pretty good idea of what happened - that he never did anything the Plaintiff is alleging about the recording. Should I bring that to the attention of the judge. HE should know plaintiff's tactics are under handed and is accusing me AND HIM of things that never happened. He has accused me of all kinds of things that didn't happen through this whole process - now he's doing it to the judge! Should I single out the latest lies as a BIG point to the judge about plaintiff's behavior, especially since now he's stating the judge did things that never happened?
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