MB update

[Virginia_Horse_Mom]

Ha. So the whole rumor that she stole from the family home was rehashed on YouTube?

Good lord.

If she just refrained from all her caustic comments, no one would be saying anything about all this.

What a train wreck.

[Virginia_Horse_Mom]

@DownYonder

Another question about legal proceedings. Since discovery is supposed to be completed by Aug. 1, what happens if one of the legal learns some new and pertinent information after that date? Are they still allowed to include it as part of their case?

That only means document discovery and interrogatories though… correct?

Depositions are still to come.

[ekat]

@Virginia_Horse_Mom

That only means document discovery and interrogatories though… correct?

Depositions are still to come.

Correct. Depositions can begin Aug 2nd, which, theoretically, could lead to more document production.

[MHM]

@ekat

@Virginia_Horse_Mom

That only means document discovery and interrogatories though… correct?

Depositions are still to come.

Correct. Depositions can begin Aug 2nd, which, theoretically, could lead to more document production.

Man, oh, man.

For as long as this process has already dragged out, it sounds like it’s just the beginning of another very long road.

[ekat]

@MHM

For as long as this process has already dragged out, it sounds like it’s just the beginning of another very long road.

Sadly, this is very likely.

[trubandloki]

@3PonyFarm

Hopefully MB has found a way to continue his art while at AK even if he only has a pen to use. It is good therapy!

I agree!
And that is part of the reason I find it so frustrating that there are no pencils allowed. I understand the danger they pose and all that, so I get the rule. But darn… art therapy has been proven to do amazing things.
Now I wait impatiently for the next installment of MB-Artwork on the Go Fund Me page!

@DownYonder, the story about your father gave me a wonderful start to my day. Thank you for sharing that.

[DownYonder]

@Horse_Daft

I think a horse drawing by MB would be the pièce de résistance

I wonder if he does horse portraits. ???

[DownYonder]

@ekat

@Virginia_Horse_Mom

That only means document discovery and interrogatories though… correct?

Depositions are still to come.

Correct. Depositions can begin Aug 2nd, which, theoretically, could lead to more document production.

So interrogatories are considered part of the discovery phase? I imagine those caused some raised eyebrows!

Also - are interrogatories completed in private by the person, or do they do them with their attorney in attendance? And aren’t there limits on the number of questions on an interrogatory? Is there a limit on the length of an answer? Could someone (for instance) write their manifesto in response to a question?

[trubandloki]

Good questions, @DownYonder. Hopefully one of the smart legal types can so generously explain it to all of us.

[ekat]

@DownYonder

So interrogatories are considered part of the discovery phase? I imagine those caused some raised eyebrows!

Yes, interrogatories are part of written discovery.

@DownYonder

Also - are interrogatories completed in private by the person, or do they do them with their attorney in attendance? And aren’t there limits on the number of questions on an interrogatory? Is there a limit on the length of an answer? Could someone (for instance) write their manifesto in response to a question?

1. Odds are good they are answering with their attorney present.

2. No real limits as to numbers, but the questions have to be relevant and not redundant.

3. Not really, but generally speaking you shouldn’t write a long screed to answer. Remember, interrogatories are sworn under oath, and how you answer is going to come up in the deposition and possibly the trial to attack your credibility.

For illustrative purposes, I’m throwing in a couple sample questions and answers LK gave in the interrogatories from SGF from back before the stay was granted. MB and RC, through her attorneys can also issue interrogatories to LK. You’ll note the objection to a question. That’s a fair answer, that could be further litigated, forcing the judge to rule. And, that is why this particular set is available on line. It became subject to further litigation, which ultimately led to the stay on the civil suit.

[Knights_Mom]

Ooh I like the part that states that posts are generally not deleted.

[ekat]

@Knights_Mom

Ooh I like the part that states that posts are generally not deleted

Isn’t that just so cute that she thinks there’s no evidence of that?

[Knights_Mom]

@ekat

@Knights_Mom

Ooh I like the part that states that posts are generally not deleted

Isn’t that just so cute that she thinks there’s no evidence of that?

Adorbs!!

[eggbutt]

Wow!!! I think I will go back and re-read all the civil filings this afternoon for funsies! I’d forgotten all these blatant lies stated under oath.

[MHM]

@Knights_Mom

@ekat

@Knights_Mom

Ooh I like the part that states that posts are generally not deleted

Isn’t that just so cute that she thinks there’s no evidence of that?

Adorbs!!

So what are the consequences of blatantly lying in such a document?

[LilRanger]

Here’s the problem with any sort of repercussions from the judge, there’s got to be proof that she is lying in the interrogatories and not in her posts.

Now, credibility-wise for the fact finder, all of these inconsistencies will effect how they weigh her testimony, which could hugely impact how they find in the trial.

I wouldn’t be surprised if her attorney tries very hard to convince her to settle this case, even for terms against her. I should think that privately he’s feeling like a long-tailed cat in a room full of rocking chairs. If I were her attorney, I sure would be!

[ekat]

@MHM

So what are the consequences of blatantly lying in such a document?

Well, you’re signing it under oath and under penalty of perjury. The problem with perjury is you have to specifically prove the intent to deceive to get someone charged with it, and she very carefully worded that little demonstrably false statement. Where it hurts more is in court, under oath, when Mr D questions her about that statement and then proves it’s a lie, it shreds her credibility and is just one more nail in the coffin of her civil suit.

In civil suits, credibility is everything to the jury.

[LilRanger]

As an attorney, I’d argue that since she has posted eleventy-million times, six hundred deleted posts on one site is evidence she “generally” doesn’t delete posts.

[ekat]

@LilRanger

I should think that privately he’s feeling like a long-tailed cat in a room full of rocking chairs. If I were her attorney, I sure would be

I absolutely love this image!

[MHM]

@LilRanger

I should think that privately he’s feeling like a long-tailed cat in a room full of rocking chairs. If I were her attorney, I sure would be!

Especially if he was foolish enough to take the case on a contingency basis!!