Civil Suit Hearing Tues., 1/6/09 Judge Reprimands Defense Team

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amethyst221 said:
There's no way, prior to the criminal case happening, that Casey A's lawyers will allow her to answer questions about the same subject matter. If she has to give a deposition, she'll have to take the 5th. They'll try to delay her getting to that point for as long as possible, because it could mean she'd lose the civil suit. When you want to depose a defendant in a separate civil case, while they're in jail awaiting a murder trial, that is sort of a special case just because of the arrangements.
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LOL, I'm not an attorney, but IMHUO,(in my humble uneducated opinion) Baez needs to drop the counter-suit. I just can't understand how it would be possible to file a suit against someone, then plead the fifth over it. Also, IMHUO, Morgan (do I have the name right?) has every right to depose her regardless of whatever other legal proceedings she is facing, since she is suing his client, and he has a right to protect his client.
Lanie
 
TexasLil said:
It's kind of a catch 22 in my opinion. If she pleads the fifth she could very well lose the civil case because she filed a counter suit against ZFG. Furthermore Baez would have to ATTEMPT to prove the ZFG Casey accused was indeed not this ZFG but the connection with Sawgrass is far too implicating. I also believe we may learn the real truth about how Casey obtained her name and knew she was at Sawgrass which would likely blow away potential defense strategies for the murder trial. JMO
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Yes, It's the countersuit that Baez filed on behalf of KC that makes it all interesting, isn't it?
 
Really wish there was a live link as it would be interesting to hear the arguements about this issue!
 
Capri said:
Yes, It's the countersuit that Baez filed on behalf of KC that makes it all interesting, isn't it?
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The countersuit is where I think they are shooting themselves in the foot. It's one thing for ZFG to sue Casey, and Casey to say she is willing to live with these accusations hanging over her head while she deals with her bigger issues, but when she turns around and sues ZFG, that, to me, IMUHO, gives ZFG the right to demand a speedy hearing, as she is now also the defendent.
Lanie
 
Lanie said:
LOL, I'm not an attorney, but IMHUO,(in my humble uneducated opinion) Baez needs to drop the counter-suit. I just can't understand how it would be possible to file a suit against someone, then plead the fifth over it. Also, IMHUO, Morgan (do I have the name right?) has every right to depose her regardless of whatever other legal proceedings she is facing, since she is suing his client, and he has a right to protect his client.
Lanie
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You sort of hit the nail on the head. There will be wrangling, and a court will most likely be protective of Casey A's rights as a criminal defendant over a civil litigant's rights. Going to prison forever versus delay in getting a money judgment for wrongs done. Courts don't think of a few month's delay as huge, given the business of courts. But in the end, you can't file a civil suit and then hide forever from giving information, or your civil suit will go kaput. Even if she hadn't filed a counterclaim, she could also get in a position to lose the main suit against her if she only pleads the fifth, which she virtually has to do. I think she's more concerned about this than losing her counterclaim, which was more a scare tactic. Not a very good one.
 
Sadly, the speedy trial provisions have to do with criminal cases. But there are civil court rules in every state that set timelines, etc. in getting discovery done and getting ready for trial. You have to ask the court to excuse you from them or grant more time, etc. It can't go on forever.
 
SeriouslySearching said:
Didn't they cancel this? I thought I read somewhere it was moved because of the pending funeral etc. I could be wrong tho. Maybe it was from Monday. ?
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I thought it was originally listed for just a couple of days after Caylee was id'ed, and that they cancelled it then....I assume they figured the funeral would be over and they could proceed today???
 
Well...if they are waiting on that...it could be next to never before we hear this one getting to court!
 
It was initially set for the Monday before Christmas, they cancelled that due to the discovery of remains. It shouldn't be in the County Clerks office unless it was legit, can someone local find out?

Mr. Morgan has grit, I hope he doesn't delay any further.
 
amethyst221 said:
There's no way, prior to the criminal case happening, that Casey A's lawyers will allow her to answer questions about the same subject matter. If she has to give a deposition, she'll have to take the 5th. They'll try to delay her getting to that point for as long as possible, because it could mean she'd lose the civil suit. When you want to depose a defendant in a separate civil case, while they're in jail awaiting a murder trial, that is sort of a special case just because of the arrangements.
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ITA but hopefully GA and CA will get to be deposed since their depos were only delayed because of the finding of the body. I really want them deposed before the criminal trial. Fingers crossed! :)
 
"During Tuesday morning's brief meeting, the judge refused to hear the request and scolded Jose Baez's team for personal attacks against Morgan and Morgan, the law firm representing Gonzalez, and said Baez was taking the profession to a new low."

"The judge told Baez to stick to the law and said that the request for a hearing didn't follow proper protocol and that there was not enough notice given to make such a request."

http://www.wftv.com/news/18419522/detail.html
 
zoey said:
where would the paperwork filed by jb be found???? Also who was the Judge... kudos to him!!!:clap:
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Was it Judge Rodriguez? I'd have to double check, but I know whoever it was I like him :)
 
So he didn't even file his motion and request a hearing according to the rules? Oopsie!
 
"The judge told Baez to stick to the law and said that the request for a hearing didn't follow proper protocol and that there was not enough notice given to make such a request."

http://www.wftv.com/news/18419522/detail.html

Maybe the judge should have included instructions on where Baez could sign up for a refresher course in basic Law 101.
moo
 
SeriouslySearching said:
"Baez was taking the profession to a new low." LOL I love this Judge (not sure who it is tho).

http://www.wftv.com/news/18419522/detail.html

Add this to the growing list of Baez' latest "accomplishments". LOL
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:clap: Glad this Judge gave JB a spankin'...enough of his playing to the media.
He needs to get himself back to lawyering and perhaps get himself a refresher course, or get steppin'.
 
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