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I was deposed and asked for a copy of the transcrripts so I

could make any corrections. I...
I was deposed and asked for a copy of the transcrripts so I could make any corrections. I hadn't heard anything from the opposition then a day ago I get a motion filed for a dismissal due to something I said at the deposition which I either didn't say or was grossly misinterpreted. Can I cry foul at this point and move for a judgment against the opposition?This is a Federal case. I had my house illegally searched and now suddenly the policeman has remembered the report after 2 years,2months.He claims me and him are "buddies" and i willingly ley him into my house.Would the judge actually believe this?Could this be the reason for the wreckless attempt to have the case dismissed? Also had I had a copy of the police report from the people who complained about the security camera in my house(it was 100% legal) I would have sued the neighbors for harrassment. By not (finding?) the police report for 2 years do the police have any civil or criminal liability? Can a policeman make a police report and arrest a person who is defending his person at his home.(In particular would the castle law extend to a parking lot right next to the defenders house if it was a private lot and the person defending was permitted to park there?
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Answered in 2 hours by:
11/19/2010
Jane Doe Deer
Jane Doe Deer, Attorney
Category: Legal
Satisfied Customers: 3,896
Experience: Atty. since 1986; Plain English answers to family law, employment, landlord-tenant, & other questions
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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.

 

My best,

 

Jane

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Customer reply replied 7 years ago
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? 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.) 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? This is my last question also,Thanks.

I'll be happy to answer your other questions after you accept the answer I've already given you.

 

 

Jane Doe Deer
Jane Doe Deer, Attorney
Category: Legal
Satisfied Customers: 3,896
Experience: Atty. since 1986; Plain English answers to family law, employment, landlord-tenant, & other questions
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Jane Doe Deer and 87 other Legal Specialists are ready to help you
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Customer reply replied 7 years ago
now that i,ve accepted,will you answer the second part of the question?

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.

 

Good night,

 

Jane

 

 

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Customer reply replied 7 years ago
I,m 100% satisfied,I have another matter and I will contact you very soon about another matter nowhere near as complex and brief-will 10.00 be ok on the next one?Also I will most definitely send + feedback,

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,

 

Jane

 

PS What's your case about, anyway? And are you the P or D?

 

 

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Customer reply replied 7 years ago
I am the P and I requested a police report because a neighbor called the police on me for virtually no reason -I requested the report which was deemed erroneous and the police conveniently lost it. I wanted it to sue the neighbor for harrassment. ( a police officer entered my home without a warrant as a result). I already have a lawsuit for the illegal and ridiculous search of my property.The police found the report(or say they did) 2years and 2 months later and told me it was electronically filed under the wrong name.(This was only after my counsel (a licensed PI hounded them for a year and a half for the report.)I hounded them the first 6 mos.This police force currently has 3 lawsuits against them for similar behavior and that's just the one's I know about. I'm not in any hurry for a reply.By the way 2 PI's and a lawyer have stated there was "no credible reason for the search.If there's only a 2 year window on a civil rights filing by not responding that might be reason for an extension?

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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Jane Doe Deer
Jane Doe Deer
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