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

[CW]

http://www.wftv.com/news/18419522/detail.html
ORANGE COUNTY, Fla. -- A hearing of sorts that Casey Anthony's attorney called for Tuesday didn't happen has he had hoped. Jose Baez had asked for the deposition of Casey Anthony, in a civil defamation suit filed against her by Zenaida Gonzalez, to be delayed.

Casey Anthony's defense team wanted to avoid having her testify in connection with the civil trial, which could then be used against her in her criminal trial. Baez had hoped the deposition could be delayed until after the criminal trial.

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.

 

[Moe]

Man, I wish we could have seen this, of all days for no cameras in court.

 

[sarah7855]

"Taking the profession to a new low"...wow!

:applause::applause::applause:

 

[Capri]

I would think perhaps it was Judge Strickland.

:bang: Update: I am WRONG :woohoo: it is Judge Rodriguez! :woohoo:

I'm pretty sure I checked Judge Strickland's docket for today, and it wasn't.

Clerk site is down right now:
<<Information is currently not accessible. We are working to make it available as soon as possible. Please try again later, and thank you for your patience.>>

Maybe someone else already got the info.

 

[Capri]

ZFG case has been transferred to a new Judge

<snipped>
Case Number: 08-CA-0024573-O Filing Date: 9/24/2008
Case Type: Civil
Case Status:
Status Date:
Current Judge: RODRIGUEZ, JOSE R

http://www.ninthcircuit.org/judges/c...odriguez.shtml

This is the judge that heard the case this am

ah, there ya go, thanks Spitfire

 

[Lanie]

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.

I should have worded my post differently. I think what you are saying is what I was thinking, if person A sues person B, then person B can push to have it settled, and then person A, after a reasonable delay, either has to put up or drop it?
Lanie

 

[avlady]

I have to say in a very immature sort of way, this made my day! FINALLY JB gets scolded, and by the judge no less!

 

[yeknomaras]

that judge is my new favorite person.

 

[Recovering-Lurker]

Man, I wish we could have seen this, of all days for no cameras in court.

I know, me too. Why, oh, why wasn't that recorded. I would've watched it over and over. :crazy:

 

[21merc7]

I am happy to see a Judge nipping JB's antics in the bud. I truly believe Judge Strickland would have been more heavy handed had all the cameras not been there, although Strickland handles things with great professionalism and diplomacy, and is on the criminal case. I like this Civil Judge a lot too!

 

[Lanie]

I have a question. It says in the article Casey has the constitutional right to plead the 5th in a deposition taken by John Morgan concerning ZG's lawsuit against her over defamation of character. Does she have the same right to plead the 5th if John Morgan takes a deposition from her over her countersuit against ZG?
Lanie

 

[Star12]

:::chuckle chuckle:::

Judges are not fond of teaching procedures and law to attorneys.

 

[shotzie]

What personal attacks did the Defense team do against Mr. Morgan?
We haven't heard that yet have we.?.Gee get Duct Tape for that Team..
Way to go Judge, I think the whole court system has got Baez Number..:bang:

 

[lawlady84]

I have a question. It says in the article Casey has the constitutional right to plead the 5th in a deposition taken by John Morgan concerning ZG's lawsuit against her over defamation of character. Does she have the same right to plead the 5th if John Morgan takes a deposition from her over her countersuit against ZG?
Lanie

If KC refused to say anything in her countersuit - like...what on earth she was suing over - the judge would just grant a motion to dismiss by ZFG, since KC did not sufficiently state a claim for which the court could grant a remedy. To bring a suit, you need a claim that X person violated Y law

 

[MaryAnn]

FINALLY!! :clap::clap:

 

[LeLe1953]

Is JB a lawyer or does he just play one on TV?

If he isn't getting the "simpler" motions right, what is going to happen when the big case goes to trial? :bang:

Remember as a little girl how you had those panties with the days of the wk on them? I wonder if he has clown hats with the days of the wk? If not, we should take up a collection & have them made. Anyone here sew? I am in the "gift giving" mood.

 

[diz39]

"Taking the profession to a new low"...wow!

:applause::applause::applause:

OUCH!!!! That stings!!!!

 

[21merc7]

LeLe1953;

LOL!!!! :jester: (JB's hat for today.)

 

[lawlady84]

For all of the civil case stuff, even though this is state law a great place for anyone who is interested is to look at the "federal rules of civil procedure" - state law largely mimicks them. Some of its super confusing, but other parts are clear and some rules tell you the number of days allowed to bring a claim, for discovery, what is discoverable -

Rule 26 is Discovery, and it also talks about "work product" that JB is always talking about - and it kind of shows why he should read up on the discovery laws.

 

[TexasLil]

I have a question. It says in the article Casey has the constitutional right to plead the 5th in a deposition taken by John Morgan concerning ZG's lawsuit against her over defamation of character. Does she have the same right to plead the 5th if John Morgan takes a deposition from her over her countersuit against ZG?
Lanie

That's the part that has always confused me... how can she countersue and take the 5th? Once the countersuit was filed I remember Morgan stating what a potential mistake the defense had made because that then gave him the right to depose Casey. Any legal experts please chime in and help us understand.