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Roger, Attorney
Category: Legal
Satisfied Customers: 31729
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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SITUATION: Weve (defendants pro se ) filed a motion for summary

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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.

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

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 4 years 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 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?






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

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).
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Customer: replied 4 years 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?

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.