Yes. If you feel that a witness bolsters your case, you subpoena them for a deposition. The witness can file a motion to quash and the court decides. You can appeal a judge’s decision, but that’s kind of a waste of the appellate court’s time for a deposition. You kind of want to save those moves for really important stuff. Now, if that deposition of that witness is super important, then you could/would appeal.
I didn’t follow enough of the court’s rulings in the Heard/Depp trial. What I remember, and I could be so very wrong, is she just flat out refused to comply and produce. That leaves the court with the option of contempt and sanctions. And really, if she says the phone is lost/destroyed/ etc, what happens then? I don’t know that happened, but ultimately that phone may just not have been important enough to Depp to spend a ton of time further litigating.
The Mods have already decided that was inappropriate because they removed my post of the screenshot. I will defer to their decision on this topic.
ETA: your accusations were also displayed on a public thread. The PM was sent after the thread closed. I considered it harrassment considering the mods had closed the thread before it was sent.
Sorry, one more question. Is there different weight given to what is said during a deposition vs in court? Both are under oath, if I understand that correctly? What are your options as a lawyer if the information differs between the two? Do you just point out the inconsistency and leave it for the jury to decide upon?
I would imagine a certain someone felt a tremendous loss of control when they had to comply with the court order, and turn over all of those recordings that they went on and on and on about.
One thought…
Remember when RG and LK testified under oath during the criminal trial that they only recorded public conversations that:
Were happening right outside LKs locker in an open common space, and captured on the recording device they placed inside her locker
Were happening in public spaces near RG as he was walking around the farm with a recording device in his pocket, which was turned on and capturing these conversations?
Someone can jump right in here and correct me if I am remembering this incorrectly… but that’s what I remember LK and RG testifying to when it came to the subject of how they had gathered these 81 recordings.
It was quite obvious they weren’t going to admit under oath that they had illegally placed a recording device inside MBs office, or in another private space.
Soooo… now that MBs side has those 81 recordings… it seems like they have an opportunity to go through them all, and determine where the conversations that were recorded actually happened.
And what if some of those conversations did take place in the office, or in MB and MHG’s private living space, or elsewhere?
What if the people who were recorded are willing to testify under oath that the recorded conversations took place in these specific private spaces?
Uhhhh… that’s a problem. It means that:
There is definitive proof LK and RG violated NJ recording laws
LK and RG lied under oath in a criminal trial about it
Now… for the record… all of this is a hypothetical train of thought I am proceeding down. Maybe the 81 recordings really did ONLY come from the space outside LKs locker, and other open public spaces on the farm RG was walking past, where no one had any expectations of privacy.
Or… maybe these recordings are actually evidence of illegal activity on LK and RGs part. And evidence they subsequently lied under oath during a trial about their own illegal activity.
And with that, I’d like to mention a really interesting horse that I think might be a SERIOUS contender in the Breeders Cup this year. ‘Own Goal’
That’s the beauty of depositions. They either bolster or destroy a witness’s credibility. The best thing to do is point it out and move on.
An example from the criminal trial, that works the same (and those docs will continue to be available) Mr Bilinkis spent considerable time questioning both RG and LK about the police interviews given back in 2019, and how their testimony changed. Think of the police interview as a deposition - works the same for credibility.
I think some of Kirby’s delusions are rubbing off on you. You might want to take a break walk away from the keyboard for a bit.
There is no coordinated effort against you. You are taking the stick you usually use to stir the pot and are now using it to joust against shadow monsters created in your own imagination. Perhaps “the movies in your head” are starting to get the better of you.
@Virginia_Horse_Mom, the testimony of MB’s lawyer that was posted earlier in this thread included him being asked about where they talked being a private area versus a public area. I assume that was the point of that discussion.
For people who have trouble understanding this - think about our previous President. Most people agree that he had a very narcissistic personality, and that he exhibited narcissistic injury and even signs of narcissistic rage at times.
Now imagine that on steroids (or other drugs, as the case may be). Voila - you get a personality like a certain someone central to this incident.
(And no, I am not wanting to engage in a political discussion but am instead using this example because I think it is something most people can recognize.)
All very interesting musings. The ADA, obviously had all 81 recordings, and should have disclosed to MB during the criminal trial. The other parties to the civil suit, LK, SGF, and RC, wouldn’t have had access, or scope, until last week, when the prosecutor turned them loose, as it were. So, it’s one of those things that makes me go hhhhmmmmm.
Other things you bring up: both LK and RG testified there was a bench by the lockers that everyone would sit and have super private conversations on. But pictures introduced in evidence, and other witness testimony, denied existence of said bench. So, where were those recordings happening again? Perhaps people will be able to further pinpoint now. One might think that the other two parties involved in the law suit may have some personal, intimate knowledge of where certain conversations took place. I know three witnesses already testified that some of the recordings weren’t by the locker.
Certainly something to keep an eye on going forward. (And also makes me wonder if this is part of what stirred up this previous weekend’s hornet’s nest.)
So why did you bring up your accusing me of having “conspiracy theories” again, today, if the mods had deleted the your previous post on the issue, having decided it was inappropriate? In what sense are you “deferring to their decision” if you keep bringing it up?
I don’t want to bother other posters or the mods with posting the PM conversation, and will only do so if you or someone else brings it up again. Please let me know if I have your permission to post the short PM conversation. Please don’t continue with your accusations, unless you are willing to permit me to respond by providing what I actually wrote.
But, but, but there is this great thing called a truck and trailer to transport you and your horse(s) to and from shows! We’ve used that equipment for years and years and traveled all over the east coast showing!!
Oh, one other small tidbit…your daughter doesn’t show!!! Once in almost 3 years does not remotely justify the reasoning to buy property in the Loxahatch**ee* area.
By the way, we all knew exactly why JK/LK bought that property in Loxahatchee the split second she posted the photo of it! It doesn’t take a genius to understand what they are doing!
I’m about 900 posts behind AGAIN, and I was only here yesterday, but I’m starting to think this is what Hut thinks is what people in their 50s look like …
Non-lawyer question here–say you are in a one-party consent for recording state.
You have a concealed recording device on your person.
Is it permissible under the law to approach 2 people engaging in a conversation in which you are not an active participant and record it?
