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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 89515
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Paul JD

Resolved Question:

Paul, Recently Plaintiff sent some "request", wanted you to take looksee to advise: He wants to pick up orginal tape...he already has transcript I sent him, do I need to forward tape? He has exceeded 30 admission request, should I deny his request for more admissions, unless Court order? He "believes answers to these new admission request are particularly important given your reliance on the transcript of the hearing in your Appellate brief." However, I never mentioned transcript on Appelllate brief. There he goes again...On his most recent admission request (already over 30) he state (See attached): That the judge told me to not to record hearing, telling me to specifically turn off recording, and that I proceeded with the recording anyways - All BIG lies!!!! The Plaintiff's lawyer absolutely knows these allegations are false, and I believe the jugde should be aware, or know, that he never did what is being alledged. Should I mention to the judge that Plaintiff is absolutely lying and that the judge should be aware of the lies becausethey involves actions the judge didn't do and the judge should know he didn't do what is being alleged. Another words, tell judge that Plintiff is lying about him and me, and that the jugde should know this didn't happen since he was there? Thanks
Submitted: 2 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 2 years ago.
NO, he is not entitled to the original tape, tell him you will make a copy or you can make a copy in his presence by he is not getting the original. If he has issued an excessive amount of admissions, you need to respond without answers in a general denial that Defendant objects to these request for admissions in that they exceed the number provided for in the rules. And you would answer that for each admission.

If you never mentioned the transcript, which I thought you were going to do, then you can even file an objection to the request for the tape as well since it is not relevant to the proceeding and let him file a motion to compel to let the court order you to turn it over.


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Customer: replied 2 years ago.
Did you get my last reply to above answer? Doesn't look like it went through. TX
Expert:  Law Educator, Esq. replied 2 years ago.
No, I certainly did not get it, sometimes they get lost someplace it seems like it is some technical issue with the system.
Customer: replied 2 years ago.

OK.

 

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

Expert:  Law Educator, Esq. replied 2 years ago.
Okay, it was mentioned, so you have to give him a copy if it was brought up in the trial below (anything from the court below can be used in an appeal). You need to respond that you will make a copy in his presence and will not turn over the original.
Customer: replied 2 years ago.

OK.

 

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?

Expert:  Law Educator, Esq. replied 2 years ago.
First, people make incorrect statements on requests for admissions all of the time. You need to respond to the request that they exceed the required amount. You need to focus on your issues, they are trying to create a side issue to distract you. There is no need to do anything with their alleged lies yet, focus on your case and if they raise this again in a brief to the court then you systematically refute each statement with facts and evidence you have that would disprove their claims.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 89515
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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