Great answer. That really helps me. I haven't wanted to talk the guy because I'm affraid he will turn anything I say into something.
In the process of telling him why his objection is wrong I'll have to make him aware of at least a portion of my defense strategy. I don't want to do that. But most of his objections are relavance.
This case is defamation per se. I informed my daughter that plaintiff hadviewed child porn so she could take steps to protect my granddaughters. One of his objections said that it was not relavant that plaintiff possessed images of nude minors. Obviously since he is sayinghe never viewed images of nude minors (child porn) it is relavant. So he's sandbagging and isn't going to do anything other than object; and the judge sustained his objection to that before telling us to work it out. So what can be done?
another expert said I should motion for the judge to recuse herself over this and a couple of statements she made that imply she's already decided in favor of the plaintiff and just wants to get to the trial.
What would be your take on that motion? I assume mandamus is something similar.
I get what you're saying. This other expert said to also file a complaint with the judicial review board/state bar asking them to intercede since the trial is 3 weeks away and we still have discovery issues. She said she will not continue the case.
And the question I referred to above is an interrogatory "Have you ever photographed, viewed, or possessed images of other minors in the nude?" His objection was misleading; overbroad; and priv against self incrimination
The judge said it was not relavant. Then said she would not even talk about the self incrimination aspect because she is upholding his objection.
In ohio the laws governing child porn refer to nude minors. the def of nude being exposed genitalia without full opaque covering. There is no distintion between a nude minor and child porn.
2 continuances and one time she rescheduled.
We submitted this round nearly 4 months ago. In aug plaintiff tried to get the judge to disallow the discovery, she said he could object and she would handle all objections at the next hearing (last friday). At the hearing she said she wasn't going to go through 2 pages of objections. I told her she said that is how she wanted to handle it and I didn't expect him to object to everything that wasn't in the first round.
This is the second round, the first consited of six questions by my original atty.
Our original atty did not include truth or privilege in the answer. I discovered that truth has to be declared in the answer when preparing a sjm and tried to suppliment the answer, which failed.
So at this point my discovery is for the purposes of impeaching his tesimony that the satatements are false and to show that due to my knowledge of his character and finding the images in his web cache myself, I was not negligent should it come to that.
Yeah, I think I talked to you about this truth business and malpractice about six months ago. If we lose we are ready to go after him. The truth business is just the tip of the ice berg of mistakes the guy made.
Plaintiff's argument as to the supplement to the answer was that there is case law saying an answer can not be supplemented once the first pleading is replied to or something like that.
I forgot to add: the judge gave me until friday to submit my arguments to the remainder of plaintiffs objections to discovery.
As I understand it, he still has to prove falsity beyond just testifying that it is false. So it is relavant to ask questions in discovery pertaining to the truth, at least to help with the neglegence element, correct?
Can you give me your advice on my course of action at this point, given the new information and that the judge has given me until friday to submit my arguments?
And I got suspended back in early spring for rating more than once in a thread, but this went way off the original topic so I'm going to hit you again, and hopefully they'll understand.
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