You seem to know what you're doing, so I'll keep this short.
If you can prove that you requested a copy of the transcript to review, edit, and approve, and were not provided a copy, then yes.
The court procedure is to submit a response to the motion for dismissaly, opposing the dismissal. At the same time, you can ask for sanctions.
A cautionary note - usually it's the court reporter who has the responsibility to submit the draft to the deponent, and the deponent's duty to edit and return it in a timely manner.
Check the federal AND local court rules to check this and how long you have to submit the response - as well as whether or not the manner in which the opposing side moved and served you for the dismissal was proper.
You asked many questions. I answered the first one.
I'll be happy to answer your other questions after you accept the answer I've already given you.
Sorry about the delay. I was in between planes when I wrote before.
At the deposition the opponent more or less denied my counsel the privelege to speak.The opposing lawyer said he did it because he believed my counsel might disrupt the hearing and he would have to get the court involved.Are they allowed to do this at a deposition.Can I file for a summary judgment in regard to this?
Normally the attorneys don't argue at depositions. When they do, usually what is done is that they take a recess and talk things out. If that doesn't work, then usually what happens next is there is a recess taken (possibly for a few weeks), and the attorneys hold a hearing in front of the judge to get a court order to address whatever problems occured at the deposition. Then the deposition resumes. Are you representing yourself now? If so, if you feel that the deposition was interrupted and incomplete, you can file a motion to try and get a court order to resume the deposition, along with details regarding how it's to be conducted when it resumes. Summary judgment? No, not usually. That's usually used when one side believes the other side is going to lose because of lack of evidence, or because the parties agree on the evidence and want a legal ruling.
Also the Discovery process was over at 29 October 2010.The opposing attorney finally got a statement from the patrolman involved on 11 November in regard to evidence. Can I file for a summary judgement in protest in regard to info coming in 2 full weeks after the discovery date,(they had over 6 mos. to get this info to me.) Again, SJ's aren't used to protest something. You can file a motion for sanctions whenever you think that you can prove the opposing side is playing dirty.
If I hear you correctly I can file in regard to the opposing attorney not giving me a requested copy of the deposition before using the deposition falsely against me? Before I address this, please let me know who was being deposed, and whether it was your witness or the other side's. Previously, I was understanding you to be saying that you were the deponent. If you were the deponent, you should have had an opportunity to proofread/edit/correct your own deposition. Only the deponent can do this.
If this was someone else's deposition, and it should have been given to you as part of your discovery request, then ask the court for sanctions - not a sj.
I'll take a little time to look over some of your prior questions so that I know what your case is about and so forth. I think that that will help, if you'd like to keep working together.
I don't usually accept questions for less than $18. I accepted yours because you are a long-standing customer.
I'd be happy to have you ask for me (Jane Doe Deer, my pseudonym). Since this is a holiday week and I'm visiting my brother, I will not be glued to JustAnswer as much as usual.
Thanks for your continued support,
PS What's your case about, anyway? And are you the P or D?
It's very hard to obtain extensions for filing lawsuits.
If there are other open civil rights lawsuits against the police, why don't you and the other plaintiffs all use the same attorney/law firm?
Do you still have your own attorney?
If so, can't you get your attorney to answer your questions, file motions, and etc?
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