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Deposing a pro se litigant tomorrow: should I object to nonresponsive answers?
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Date: April 25th, 2018 9:37 PM Author: excitant greedy macaca alpha This guy is a tard who will flat out refuse to answer questions. I already had to file a motion to compel because he refused to answer interrogatories and admissions, and will almost certainly have to do the same when when I depose him. If he responds with some bullshit spiel about some unrelated topic do I object to the answer as nonresponsive and ask the court reporter to certify the question and response so I can use it in my MTC? Never had to deal with this bullshit before since every deponent I've ever dealt with has had competent representation. (http://www.autoadmit.com/thread.php?thread_id=3960077&forum_id=2#35921180) |
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Date: April 25th, 2018 9:40 PM Author: Bateful area if you sense the pro se PLaintiff will not cooperate, you might first advised the Plaintiff that we will have no choice but to seek court intervention. This scares some pro se's and gets them to see the light. But, if that doesn't work, just certify the questions as clearly as possible. you will appreciate the work up front as you begin drafting your motion to compel the testimony. (http://www.autoadmit.com/thread.php?thread_id=3960077&forum_id=2#35921198) |
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Date: April 25th, 2018 9:52 PM Author: excitant greedy macaca alpha Is there any point in objecting to the answer except to unnerve him?
I've already advised him many times of the consequences for failing to answer and judge has granted my MTC on written discovery, though his deadline hasn't lapsed yet. |
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Date: April 25th, 2018 9:55 PM Author: sinister vibrant messiness I had never even heard the term "certify the question" until your post. (http://www.autoadmit.com/thread.php?thread_id=3960077&forum_id=2#35921272) |
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Date: April 25th, 2018 11:20 PM Author: Umber anal hell cr. is this some shitlaw flame? (http://www.autoadmit.com/thread.php?thread_id=3960077&forum_id=2#35921929) |
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Date: April 26th, 2018 10:39 AM Author: sinister vibrant messiness Some half-assed googling suggests it is a regional thing rooted in older versions of rules. (http://www.autoadmit.com/thread.php?thread_id=3960077&forum_id=2#35923854) |
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Date: April 26th, 2018 1:13 PM Author: Umber anal hell sounds like something retarded like 'the usual stipulations' (http://www.autoadmit.com/thread.php?thread_id=3960077&forum_id=2#35924746) |
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Date: April 25th, 2018 11:34 PM Author: provocative at-the-ready degenerate dilemma (http://www.autoadmit.com/thread.php?thread_id=3960077&forum_id=2#35922006) |
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Date: April 25th, 2018 11:41 PM Author: Infuriating brunch indirect expression he means just read back the question and answer so he can have a clean copy of it for some motion or whatever he's going to do. (http://www.autoadmit.com/thread.php?thread_id=3960077&forum_id=2#35922052) |
Date: April 25th, 2018 9:45 PM Author: Cerebral aqua roast beef Tell judges secretary you have pro se deponent tomorrow (so judge will be sure to dodge your call to chambers when he's fucking around w answers.) (http://www.autoadmit.com/thread.php?thread_id=3960077&forum_id=2#35921223) |
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Date: April 25th, 2018 9:51 PM Author: ivory casino Depends. If you ask him substantive questions and he refuses to answer, or goes on some irrelevant tangent, you can use that in an MSJ. "Plaintiff was asked to specifically list all instances of [whatever] and was unable to identify a single concrete example. " (http://www.autoadmit.com/thread.php?thread_id=3960077&forum_id=2#35921254) |
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Date: April 25th, 2018 9:53 PM Author: excitant greedy macaca alpha This is more of a "plaintiff doesn't want to admit he did some bad shit" kind of thing. (http://www.autoadmit.com/thread.php?thread_id=3960077&forum_id=2#35921264) |
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Date: April 25th, 2018 10:01 PM Author: Effete locus I would just focus on confirming testimony. If the issue is why he went to McDonald's, you ask "Why did you go to McDonald's?" And if he says "for a sandwich," you just drill down and always ask "Are there any other reasons?" Confirm he has nothing. If he is combative remind him non-responsiveness is not a grounds not to answer. Don't be afraid to call the court if he is a true dickhead. The threat may keep him in line. And most important, if he refuses to answer anything other than on privilege grounds LEAVE THE DEPOSITION OPEN. When you are winding down just say we are done today but I am leaving this deposition open in light of your refusal to answer questions on relevance grounds. (http://www.autoadmit.com/thread.php?thread_id=3960077&forum_id=2#35921319) |
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Date: April 25th, 2018 11:18 PM Author: excitant greedy macaca alpha ty (http://www.autoadmit.com/thread.php?thread_id=3960077&forum_id=2#35921914) |
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Date: April 25th, 2018 11:35 PM Author: Histrionic Charcoal Haunted Graveyard (http://www.autoadmit.com/thread.php?thread_id=3960077&forum_id=2#35922011) |
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Date: April 27th, 2018 5:11 AM Author: crimson racy heaven (http://www.autoadmit.com/thread.php?thread_id=3960077&forum_id=2#35929828) |
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Date: April 25th, 2018 11:31 PM Author: Startled spectacular school volcanic crater Ask him lots of questions about his citizenship status (http://www.autoadmit.com/thread.php?thread_id=3960077&forum_id=2#35921991) |
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Date: April 26th, 2018 1:17 PM Author: motley kink-friendly french chef boltzmann So what kind of case did this asshole file? (http://www.autoadmit.com/thread.php?thread_id=3960077&forum_id=2#35924757) |
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Date: April 26th, 2018 1:18 PM Author: excitant greedy macaca alpha The essential elements of the claim are "das racis" (http://www.autoadmit.com/thread.php?thread_id=3960077&forum_id=2#35924765) |
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Date: April 26th, 2018 3:09 PM Author: excitant greedy macaca alpha (http://www.autoadmit.com/thread.php?thread_id=3960077&forum_id=2#35925844) |
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Date: April 27th, 2018 4:56 AM Author: sinister vibrant messiness (http://www.autoadmit.com/thread.php?thread_id=3960077&forum_id=2#35929801) |