| Depositions, depositions...; what to expect next? | |
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| Tweet Topic Started: Apr 8 2011, 01:23 PM (4,289 Views) | |
| abb | Apr 10 2011, 01:51 PM Post #46 |
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Here's a thread from last year on Covington's death. Covington's response; what we'll never know now http://s1.zetaboards.com/Liestoppers_meeting/topic/3237823/1/ |
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| chatham | Apr 10 2011, 06:22 PM Post #47 |
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hmmmm. Must have been some gun powder residue on his head and hands. He must have been far enough away from his wife and neighbors that no one heard a shot. |
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| chatham | Apr 10 2011, 06:41 PM Post #48 |
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from fact checker Historical note: on April 11, 2007, North Carolina Attorney General Cooper declared the three Duke lacrosse players "innocent." |
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| jmoo | Apr 10 2011, 09:26 PM Post #49 |
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I just listened to the 7 hour deposition of Brad Cooper who is currently on trial in Wake County for the murder of his wife. He was deposed prior to a custody hearing and prior to his arrest for murder. I was surprised at the questions that were allowed and answered. Thanks Walt for the explanation ... it does seem as if anything goes. Cooper's attorney objected many (many) times and then instructed him to answer the question. I believe, based on the lawyer's comments that a judge can later decide not to allow certain portions of the deposition at trial but, in the meantime the opposing side gets all sorts of good info. It would be great to hear what Sgt Shelton knows. I think I've read that a party to an action doesn't have to be subpoenaed to a deposition but someone that is not a party does. Could/would Shelton voluntarily offer a statement or require a subpoena? Would he be smart to request a subpoena (to protect his job)? WRAL published the video of Brad Cooper's deposition... will the public have access to the depositions in the LAX cases? |
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| sdsgo | Apr 10 2011, 10:34 PM Post #50 |
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I just watched the new Upstairs Downstairs on PBS Masterpiece Theater. Great show! The wife and I used to cuddle on the couch and watch the original series back in the early 70’s. You know, great drama is all about the search for truth. It helps us better understand the important events of our lives and how those events impact the people around us. Discovery should be no less engaging. |
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| Walt-in-Durham | Apr 11 2011, 12:23 PM Post #51 |
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Parties can be deposed simply on notice. Non-parties can be deposed the same way, but they don't have to attend unless subpoenaed and if they are tendered mileage and the statutory witness fee.
Normally depositions in civil cases are not "published" or filed unless someone is going to make use of a portion or all the deposition. I do not expect the lacrosse litigation depositions to be filed in court. Walt-in-Durham |
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| Kerri P. | Apr 15 2011, 07:23 PM Post #52 |
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I don't know if this has already been asked and answered. This is for the lawyers on the board. Can the depositions that were taken for Nifong's disbarment be used by the lax players and their families during the civil cases? If they can be used by the players and family can they be used against the defendants if they try and change their stories? |
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| abb | Apr 15 2011, 07:29 PM Post #53 |
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I ain't a lawyer, but I suggest yes they can. They represent sworn testimony on the record. Period. |
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| Walt-in-Durham | Apr 15 2011, 07:32 PM Post #54 |
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Oh yeah. Any prior statement given under oath is available to use for purposes of impeachment. Walt-in-Durham |
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3:28 AM Jul 11