Court date for Michael Barisone?

[trubandloki]

@anon68314200

@Knights_Mom

Well it’s pizza night.

I am trying to lose weight. Please no talk of pizza. Thank you.

I second the ‘no pizza’ discussion, please.

[trubandloki]

@eggbutt

@trubandloki

@eggbutt

I love the whole “lost wages” BS in LK’s complaint! What wages?

Has she ever had wages?

I guess from the bar, or whatever it was, that she had her cranberry juice bottle fight in.

I did not remember that she worked at the bar where the cranberry juice bottle thing happened. I thought she was a patron.

[eggbutt]

She says in a previous post she’s been a COTH member for 21 years.

[eggbutt]

@trubandloki

@eggbutt

@trubandloki

@eggbutt

I love the whole “lost wages” BS in LK’s complaint! What wages?

Has she ever had wages?

I guess from the bar, or whatever it was, that she had her cranberry juice bottle fight in.

I did not remember that she worked at the bar where the cranberry juice bottle thing happened. I thought she was a patron.

You are correct…here is her post from Sept 2019 -

[eggbutt]

There were rumors many years ago that her money came from a lottery and [edit]. She has refuted those rumors and I believe now most understand her money comes from her father. She has never said she worked anywhere to my recollection.

[PDDT]

It has been said many times on this thread that lawyers wouldn’t risk their licenses and would check facts before filing a Civil suit. I know I am in a different country, but I am a mediator and deal with civil, employment and administrative law matters. Many times the plaintiff’s case is not at all substantiated and their counsel is surprised by what they hear from the other side. But, they filed what their client told them. I think if they knowingly file falsehoods, then that is different. But I don’t know that there is a burden on them to prove their client isn’t lying. Of course, depending on the venue, it is expensive to file frivolous claims…

[eggbutt]

In much of the Barisone suit, quite a bit references reports, 911 calls, and other verifiable information, such as the encounter in the police station apparently has camera footage. All of the police reports would be available as well as witness statements from the various times the police were called. Apparently they have MB’s medical records that least substantiate mental health issues in his past. So, there is more available than one would think.

[FitzE]

In response to this, what is MB’s criminal record (convicted or not)? Does anyone know? It appears from this post that he has some history of - charges or arrests?

[eggbutt]

I think there was some sort of traffic violation in FL.

[Knights_Mom]

A traffic violation? OMG!!!

[LilRanger]

It is similar in my part of the US, lawyer file petitions that they trust may be true, but often the truth lies in the documents and other evidence held by the defendant, so the plaintiff has to petition in order to see those documents.

This is why a lot of the paragraphs say “upon information and belief…”

You know a bad thing happened and defendant was part of the process, so maybe the defendant did a thing that caused the bad.

[skydy]

Not meaning to quote you OntheFnce, I’m trying (unsuccessfully) to navigate the new board.

However, this is one of those threads that so often devolve into this;

Argument - Monty Python

[trubandloki]

@LilRanger

but often the truth lies in the documents and other evidence held by the defendant, so the plaintiff has to petition in order to see those documents.

Can the plaintiff get a court order (petition?) to see that information with out first filing the complaint?

I am just wondering about the order of things. How does this work? I know I would not want to file a case (as a person) if I did not have all my ducks in a row. But, how does one get their ducks in a row with out filing a case?

Like my question above, could MB’s lawyer get his hands on the police station lobby video prior to file his case? How does that whole process work?

[Knights_Mom]

It’s called Discovery and a demand for Discovery can be made by the Defendant in a Civil case as soon as an Answer is filed. Other papers are often included like a Bill of Particulars, consent to electronic service, etc. Jury demands usually follow, filed by either party.

In a criminal case (citing My Cousin Vinny again) the Defense is entitled to the Prosecutions evidence (Disclosure), witness list, police and forensics reports.

MB attys for the Criminal case can subpoena persons to testify or records. For instance to see a company’s records you could file a Subpoena Duces Tecum and the records get sent.

[trubandloki]

@Knights_Mom

It’s called Discovery and a demand for Discovery can be made by the Defendant in a Civil case as soon as an Answer is filed. Other papers are often included like a Bill of Particulars,

But l am asking, does someone (either side) have a way to get stuff with out filing the case? In my example the video in the lobby at the police station, but it could also be something like a copy of LK’s secret recording?

Let me explain my question further so you understand why I am asking. Here people are saying that just because it is said in the plaintiff’s original filing does not make it true. I am wondering what ability a person has to make sure what they are saying is true and provable before they file. Does a person (or their lawyer) have a means to say ‘please provide us with this information’ before they file anything so they can know the validity of the situation?

Edit to add: This is more of a theoretical question that I am wondering because of the comments regarding the MB filing against the police.

[Knights_Mom]

Subpoenas.

It’s morning so I’m cheating.

A subpoena (/səˈpiː.nə/;[1] also subpœna , supenna or subpena [2]) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoenas:

1. subpoena ad testificandum orders a person to testify before the ordering authority or face punishment. The subpoena can also request the testimony to be given by phone or in person.
2. subpoena duces tecum orders a person or organization to bring physical evidence before the ordering authority or face punishment. This is often used for requests to mail copies of documents to requesting party or directly to court

[trubandloki]

@Knights_Mom

Subpoenas.

So I (general) can file with the courts that I am trying to build a case and I need your (general) video/emails/phone records/banking history so I can develop my case and the courts will require you (general) to provide me with your stuff?
They can do this before any case is filed?

@Knights_Mom, that is not cheating.

[Knights_Mom]

No. There must be a case in that court.

[Knights_Mom]

Think about it, without the weight of a court I can just tell anyone I want to hand over any of their documents. That would be used as a nuisance by many.

[trubandloki]

@Knights_Mom

No. There must be a case in that court.

So it is kind of catch 22 situation.

I will use the MB vs police as an example.

MB’s lawyer can not make the police department provide him with the video of the lobby (which most likely exists because there is not a police lobby in existence anymore that does not have security video) until after he filed the case.
Which leaves the lawyer filing the case having to trust their client about what happened.

Think about it, without the weight of a court I can just tell anyone I want to hand over any of their documents. That would be used as a nuisance by many.

Right, that is what I was asking though. Can you file something with the court to require someone to hand over stuff with out first filing a complaint/case?
And I see the answer is no. Which makes sense. But…complicates things for sure.

Can things like the security video in the lobby of the police station fall under freedom of information act? Or is that just for paperwork?