Posted on 02/22/2008 6:34:42 AM PST by OPS4
There was an extraordinary development at a hearing today in Los Angeles Superior Court in the Paul v Clinton et al civil fraud case against Bill and Hillary Clinton, prosecuted by Hillary’s largest donor Peter Paul. When Judge Munoz finally allowed Paul to commence discovery after a three year “appellate” hiatus, Hillary Clinton’s attorney declared that none of Hillary Clinton’s lawyers would accept a deposition subpoena on Hillary’s behalf.
Hillary will be dodging process servers while she is campaigning for President of the United States around the nation!! The sworn testimony Paul is entitled to take from Hillary as a former defendant and material witness that the Judge specifically stated he will not allow to be denied, is now being officially thwarted by Senator Hillary R Clinton!
Hillary has now made history again in her contempt for the Rule of Law. She has become the first US Senator and candidate for president of the United States on record to declare she will be effectively dodging process servers to avoid testifying truthfully about fraudulent actions that she has never personally denied in the sworn declaration she filed in the case! http://www.peterfpaul.com/ ABC 20/20 Shows Hillary Clinton is the “Liar” In Illegalities Exposed By Top Donor Peter Paul ABC 20/20 Corroborates Peter Paul Against Hillary ClintonSeven years ago Peter Paul began whistleblowing to the government and alerting the media of numerous illegalities committed by Hillary and Bill Clinton in order to win Hillary’s first election to public office. The multi-million dollar donor to Hillary’s Senate campaign that caused Hillary’s finance director to be indicted and tried in May, 2005, for hiding his contributions, and whose complaint to the FEC resulted in a finding that Hillary’s campaign broke the law resulting in the only FEC fine imposed against Hillary’s campaign, will begin the discovery process leading to a trial in Los Angeles later this year of the Clintons and others for destroying Paul’s public company. http://www.peterfpaul.com/2008/02/16/abc-2020-shows-hillary-clinton-is-the-liar-in-illegalities-exposed-by-top-donor-peter-paul/
Would love to see someone arrest her in the middle of her speech! Ahhhhh, it’ll never happen but it’s nice to dream.
He is not legally obligated to help or cooperate. Attorneys, however, typically do that as professional courtesy among sharks.
It is my understanding that in “Kal-ee-for-nee-yah” you can now simply “serve” someone via certified mail.
If Hillary is a party to the action, the Federal Rules of Civil Procedure allow service by mail to the attorney for her in that action. If she is not a party, then a subpoena has to be issued under Rule 45 and served personally within 100 miles of where the deposition is to be taken.
FYI - attorneys refusing to take a deposition subpoena is completely different that a deposition notice.
You don’t have to serve a defendant in a lawsuit with a subpoena. All you have to do is give notice. (10 days in advance, plus 5 for mailing it). That notice is given to their attorneys. They cannot refuse it, its sent by mail.
If the person does not show up, you file a motion to compel the deposition. Then the court orders the deposition.
The deposition process will go like this:
1) Deposition notice served by mail. (15 days)
2) Defendant objects to deposition notice in a letter. Parties exchange letters to “meet and confer”. (5-15 days)
3) Plaintiff files a motion to compel the deposition. (Hearing set for 16 court days + 5 calendar days for mailing, so motion willl be heard approxiamtely 30 days later)
4) Defendants (a) try to continue the motion (b) oppose the motion.
5) Hearing happens, Judge orders the deposition, to occur within ??? days (30-60)
6) Defendants come back to court, claiming hardship or inability to come to deposition.
Thus it will be anywhere from 90-120 days before the deposition happens, if at all. Even then, they will instruct her not to answer questions, interrupt, etc basically interefere with it, and you have to go back to court.
.
NEVER FORGET
.
“Rule-making for others,
Rule-breaking for herself” =
HILLARY’s Lifetime M.O.
.
...MICHAEL BARONE, U.S. News & World Report Political Column-1999
.
NEVER FORGET
.
I agree with Ben on this point. So then what is all the fuss about, and why is there so much to do about nothing?
Clinton’s attorney declared that none of Hillary Clinton’s lawyers would accept a deposition subpoena on Hillary’s behalf. This is an interesting question. What are the remedies for an attorney who refuses to produce his client for a deposition in a civil case in California?
Sole Energy Co. v. Hodges, 128 Cal. App. 4th 199: Parties failed to appear: The motions sought orders compelling attendance and production of documents at the depositions. Each motion sought sanctions of $ 2,921 against HBOC, Kaymor, and their counsel. Deponent failed to appear again, so the answer was stricken and default judgment entered. However in Hillary's case this I would think would not be the remedy that plaintiff would want. The Code of Civil Procedure Section 2023 authorizes additional, more severe sanctions for disobeying an order to provide discovery, including evidence sanctions and terminating sanctions.
The Civil Discovery Act ( § 2016 et seq.)also authorized contempt sanctions, which perhaps could include incarceration for disobeying a lawful order of the court. Now that would be very interesting right?
There’s always alternative service, like mail and nail.
David Kendall of Lewinskygate, the man who defended Billy Bob Clinton for spilling his dna on a little blue dress?
David Kendall, who fough the RNC and Katherine Harris, in the hanging chads episode in Fl.?
He has no shame!
I believe that once the papers are in the hands of the U.S. Postal service delivery is assumed and service is effected. At least that was the case years ago in New York.
This is not a Federal case at this point. It's in L.A. Superior court.
Forget my prior post. I understand this is a California state court action.
Just saw it on the sidebar, thx!
You have FReepmail.
“Obama should bring it up.”
Obama should serve it on her!
A woman, hispanic preferably, needs to serve her.
Her Henious is not subject to our laws.
Doesn’t the service have to take place in California?
Personally, after all the work you have done, I think you should have the honor. That would be poetic justice.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.