How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Roger Your Own Question

Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 26618
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
6704987
Type Your Legal Question Here...
Roger is online now
A new question is answered every 9 seconds

SITUATION: Weve (defendants pro se ) filed a motion for summary

Customer Question

SITUATION:
We've (defendants pro se ) filed a motion for summary judgment in a defamation case, the plaintiff's councel waited until the last day (Monday) to file a leave for more time to respond with the court...grounds is to research wether some defamation issues are a matter of law or fact. Coincidentally, one witness for the plaintiff drove to another state to visit another witness (sisters) and will not return untill tomorrow (Thursday). We believe this is in order to obtain an affidavit from the out of state witness needed to help prove his prima face case.

In other words, we think he's stalling until he can get something to help his argument against losing.

He sent a journal entry ordering the leave along with his motion, but the journal entry is not signed by the judge.

QUESTION:
Can we object to the leave for more time? What is the best way to handle it?

Thanks
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.

Yes, you can file a response in opposition to the motion for time, and you can allege that this tactic is merely for delay and that it serves no legitimate purpose, etc., BUT the judge is likely going to grant the time extension. As a matter of course, requests for extensions of time are to be freely given.

Also, even if the judge didn't grant the extension, the attorney for the other party could file a supplemental response to the motion for summary judgment and attach the affidavit when he/she gets it, so it's really hard to try and stop the other side from gathering and presenting its proof in response to your motion for summary judgment.

Even so, you certainly have the legal right to respond to the motion and inform the court of your concerns and object to the same.
Customer: replied 1 year ago.

The problem is that the sister out of state has refused to do an affidavit for us because she's afraid of losing her children because this case deals with the plaintiff viewing child porn and photographing her little girl.

 

These are our daughters, and the youngest is bent on us losing this case and we know went down to harrass our oldest until she gives in...it could endanger her with felony charges if she says what we know he needs her to say...and we would not be surprised if the affidavit isn't completely truthful.

 

Can we go after plaintiff or his councel for witness tampering if they are trying to get her to coooperate against her wishes? Harass her into it?

 

Thanks

 

EDIT:

 

BTW, this case has been ongoing for 18 months now and the judge said she is getting tired of the delays.

Expert:  Roger replied 1 year ago.
Well, if the judge has already made clear that he is growing tired of delays, etc., then it may be possible for your objection to actually work. It's worth making, but don't be surprised if your objection is overruled.

As for witness tampering, that usually involves threatening or influencing the testimony of a person - - which is illegal and can be prosecuted.

However, if they're just trying to get a statement from her - - even if it is against her wishes - - it's not tampering UNLESS they're asking her to lie or threatening her in some way. Also, she can refuse to sign an affidavit, and if she does, then the other party has the right to file a witness subpoena and require her to appear in person for the hearing. So, they can get her to show up and the judge can require her to testify about anything except something that may incriminate herself (under the 5th amendment).
Roger, Attorney
Category: Legal
Satisfied Customers: 26618
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 11 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

We think our youngest daughter is going to "influence" our oldest. But we'll see.


 


She has to apear if subpoena'd and she lives in another state?

Expert:  Roger replied 1 year ago.
Sorry, but I just now saw your follow-up question.

Courts have subpoena powers across state lines, but it takes help from the courts of the other state to make the subpoena happen. Basically, a party who wants to subpoena an out of state witness will have to get a court from the state where the witness is to issue a subpoena. It's a pretty technical process, but it can be done.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions