Tuba
New Member
- Joined
- Sep 30, 2007
- Messages
- 5,691
- Reaction score
- 65
It is to barf but Kasen and Prisoner may be drafting the request for a protective order, seeking to delay her written deposition (under oath) until after her criminal trial. That is not current practice and yet would be within Judge Rodriquez's discretion to grant if he had not already delineated a procedure which he considers proper in the circs. It is common to proceed to civilly depose a party who is under indictment and case law supports this; the Supreme Ct. has ruled favorably. The defendant is expected to invoke her right not to incriminate herself. Although one cannot draw an adverse inference if Defendant invokes in a criminal trial, in a civil case like Z.F.-G.'s defamation suit, it's fine to conclude Defendant is liable as long as there is some evidence to show that (which we have). That means Z.F.-G. can think the worst if the prisoner refuses to answer any questions. Plaintiff will triumph in this contest of claims. Still, once again, Prisoner was fortunate because the judge could have ordered an oral deposition complete with video. He did overturn an order from Judge Strickland to do just that.