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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87051
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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hey, at trial, can I ask the 2 defendants, of the interrogatories-

Customer Question

hey, at trial, can I ask the 2 defendants, of the interrogatories- if they read them and if they answered, so they're aware of my issues and if they did , did they bring them to court and can I be given them? could they be given to me before the start if they have them, so I can be aware of what they think? the same of 2 witnesses I've served written depositions to, so if they're aware of my issues and ques.s... none was replied to date

Submitted: 9 months ago.
Category: Legal
Expert:  Ely replied 9 months ago.
Hello friend,

Thank you for requesting me.

I am going to be honest - I am not sure I follow. Can you please rephrase the question a bit? My apologies...
Customer: replied 9 months ago.

I subpoenaed all 4 to show and asked them to bring the written answers to discovery. If I could read a bit of these before trial I'd know what to expect. Also if they read the questions I'd know they're up on what I'm going to ask/ what I infer was the issues. Also, the written documents I'd like to have for other reasons. so, when they are on the stand can I ask did you receive the document/read it/actually answer them/ and did you return it with you. Yes I subpoeaned the 2 defendants.. the answers could prove useful when I ask their testimony if I'd be able to get pretrial?

Expert:  Ely replied 9 months ago.
Thank you.

If I understand you correctly, one may indeed impeach a witness on the stand by their responses to discovery.

In other words:
-Where were you on night of Tue, November last, Mr. A?
-I was at home.
-Then why in your interrogatories that the Court had seen previously you stated that you were at B's?

Or, one can ask them to read their answers in Court while on the stand, etc. Catch them in a lie, so to speak.

Yes, they can infer the issues from your discovery questions. However, unlike television, there are no "surprises" in Court. Every party knows the other's strategy ahead of time via discovery and pre-trial.

Gentle Reminder: Please use the reply button to keep chatting, or rate and submit your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 9 months ago.

none of these discovery,were answered!!!! I wanted to know if the 2 witnesses would know the issues of my claim. and some of these answers may have trapped the 2 defendants. I guess I can't ask the court if they brought these to court,pretrial so I can read a bit. Simple ques.'s to me so I know what issues the answers will would've raised.

Expert:  Ely replied 9 months ago.
Ah, okay. My apologies.

I wanted to know if the 2 witnesses would know the issues of my claim.

Well, yes. They are free to talk to the other party in the case. They are free to pull your allegations from the court file if they want to as well, which is public record. So they can see/deduce what you are alleging.

And you CAN ask the witnesses if they have perused the court files and/or have made up their minds as to what the case is about.
Customer: replied 9 months ago.

If they read my deposition ques.s I'm assuming they can recall stuff 7 months ago, better. Can the judge rule of contempt of these people for not answering these at all and overdue 100%, at trial, or admonish the other lawyer and so on. To show the judge what noncompliant the other side was/is.

Expert:  Ely replied 9 months ago.
Can the judge rule of contempt of these people for not answering these at all and overdue 100%, at trial, or admonish the other lawyer and so on. To show the judge what noncompliant the other side was/is.

No. To force them to respond, one has to file a MOTION TO COMPEL prior to trial to have them respond to discovery/subpoena which they ignored. THEN, the Court may order them to answer or face punishment.

But if trial is around the corner, it is too late, I am afraid. At least for the discovery matter. A subpoena may still be enforced by the compel motion.
Customer: replied 9 months ago.

I've filed those Motions long ago. I was surprised the judge didnot grant them at all. the interrogatories are 3 months due. their tactics I'm sure. As, I told an expert this seems to be the essence of the court, the discovery, for the judge not to grant basic questions and business issues of defendant I'd need to know.Sad.

Expert:  Ely replied 9 months ago.
J,

I see. I am sorry that the Court did not uphold your motion to compel.

In this case, then they cannot be punished for not answering, however, the fact that they did not can be made an issue in court, i.e. them failing to answer makes them look bad/guilty/like they are attempting to hide something.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87051
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 16 other Legal Specialists are ready to help you
Customer: replied 9 months ago.

avoiding facts, yep. I thought the other lawyer a fool for believing his defendants and asked him, if he did. He would not say, yes or no. This to see what a poor case they had if they are lying. I had about 4 motions for info., too late now. Good day.

Expert:  Ely replied 9 months ago.
Good day!
Customer: replied 9 months ago.

how can I admit an exhibit of a document at trial... so the judge can read it and the other lawyer can read it, so I can explain its details to them, as it is confusing .. it is a file of my talks to cust service rep. and it says my issue at the car dealer. the rep kept a poor file of what I said

Expert:  Ely replied 9 months ago.
Yes, this can be admitted.
Customer: replied 9 months ago.

say after a witness testimony, I can just ask the court to look at the files/read them as I tell them what they say-- so I'll be talking to the court/arbitrators outloud/no witness for those 2 subpoenaed witnesses, can I ask if their boss/the defendant or its lawyer conferred or spoke at all of the trial to them? That subpoena of them do I need to file that with the clerk, before the trial...if they donot show, I guess. And 1 of the defendants will not show, I can ask a default judgement of him? and can I infer what he would've said? as to what he told me in a phone conversation, in fact did say.

Expert:  Ely replied 9 months ago.
Hello,

say after a witness testimony, I can just ask the court to look at the files/read them as I tell them what they say-- so I'll be talking to the court/arbitrators outloud/no witness for those 2 subpoenaed witnesses, can I ask if their boss/the defendant or its lawyer conferred or spoke at all of the trial to them?

Properly introduced, then yes.

That subpoena of them do I need to file that with the clerk, before the trial

It needs to be stamped by the clerk, and then SENT OUT to the person subpoenaed so that they show up/bring evidence. That is how a subpoena works.

And 1 of the defendants will not show, I can ask a default judgement of him?

Yes.

and can I infer what he would've said? as to what he told me in a phone conversation, in fact did say.

No.
Customer: replied 9 months ago.

an expert said I could say what occurred between us, if he's not there. No,not all, ok. Properly introduced of the files, is what I'm asking you..after 1 witness, I can just ask the court to admit this file as it corroberates what you all just heard and adds, some details not heard to it. Is that how to get it admitted? the default judgement I would just ask after all the testimony? These last 2 items are important if you could detail a bit., especially the file.

Expert:  Ely replied 9 months ago.
John,

You stated: "and can I infer what he would've said?"

This has a different meaning than: " I could say what occurred between us, if he's not there."

I am sorry, but I am having trouble interpreting your follow ups. I am trying.

You cannot "infer" what would have been said. That is, "predict." That is what infer means. And you cannot.

You CAN say what the conversation was, however, if it actually took place and is pertinent to the matter.

Properly introduced of the files, is what I'm asking you..after 1 witness, I can just ask the court to admit this file as it corroberates what you all just heard and adds, some details not heard to it. Is that how to get it admitted?

Introduction of evidence is very complicated. No, not quite. Normally, you would have to get on the stand and explain where the file came from. This is called authentication. Only once it is authenticated can be be entered into evidence. Ergo, you would need to be on the stand to authenticate the file and have it admitted. For a generic manual on authentication, see here, please.

the default judgement I would just ask after all the testimony? These last 2 items are important if you could detail a bit., especially the file.

No. If they simply do not show, you can ask for a default judgment just by them not showing up to Court. It is like a team not showing up for the game. The other team does not have to kick goals into the net, still - the game is over if the other team does not show up.
Customer: replied 9 months ago.

Thanks much as to the defendant's no show. I did not mean infer, but what he'd maybe have said if he was there. I did have the phone call talk with him, when he spoke for the dealer, and Refused me any discounts.thanks again. I'll look at what's needed for the file, appreciate that too. Back to my ques. of the 2 witnesses that are employeed at the defendant. Can I ask them if they had talks w/defendant's managers/staff or their lawyer to influence them maybe even as to what to say or not to say. If they sound suspicious on the stand

Expert:  Ely replied 9 months ago.
You are very welcome.

Can I ask them if they had talks w/defendant's managers/staff or their lawyer to influence them maybe even as to what to say or not to say. If they sound suspicious on the stand

Yes as to "w/defendant's managers/staff." No as to their lawyers.
Customer: replied 9 months ago.

Good info.,1 more thing. A lawyer wrote may claim is based on UTPCPL's 73 P.S. Section 201... What is the P.S. and even the 73, this may arise at trial... the intent to not sell what they advertise

Expert:  Ely replied 9 months ago.
Pennsylvania Unfair Trade Practices and Consumer Protection Law Sec. 201 - here.

It is commonly cited as 73 P.S. § 201-1, et seq.

PS - Penn. Statutes.

73 - designation where the Pennsylvania Unfair Trade Practices and Consumer Protection Law is in the statutes.
Customer: replied 9 months ago.

the lawyer had an (ix) etc. it sure be nice to have him there Fri., as there's a lot of little technical stuff as I just asked you and more, he wanted mega money for 2 hours of trial, oh well. I appreciate all you guys with my questions. I also think this lawyer will be playing a little hardball. He's already trying to remove the 2 employees as defendants as they're only agents of the corporate car dealer, the 3rd defendant. Any thing you may add to that claim of theirs?

Expert:  Ely replied 9 months ago.
It is my pleasure.

No, I do not believe I have anything to add.

I do wish you best of luck.

I have to go offline now so if you have a follow up, I may not be able to respond until later.
Customer: replied 9 months ago.

I thought I was done, But 2 more things. Can you give me a link for the exhibit to admit authenticate download or a write up of that as I can not download. 2nd can I reference or ask of defendants testimony they said in small claims court? Ask, did you say so and so, or you did not remember this there but do you recall this fact now?

Expert:  Ely replied 9 months ago.
The link is here.

2nd can I reference or ask of defendants testimony they said in small claims court? Ask, did you say so and so, or you did not remember this there but do you recall this fact now?

Yes, this may be done.

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