Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Sibre Fan
You can't grant one side "discovery" to go on a fishing expedition to support their ever expanding claims against their enemy and pretend that you have a system of justice.

So "discovery" once granted, can't at the same time be limited to "relevant" documents? I think I saw in one of the rules that it can be. Does not the court have to approve every supoena?

237 posted on 09/16/2009 6:26:02 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
[ Post Reply | Private Reply | To 230 | View Replies ]


To: El Gato
So "discovery" once granted, can't at the same time be limited to "relevant" documents? I think I saw in one of the rules that it can be. Does not the court have to approve every subpoena?

Discovery can be limited to that which is relevant or likely to lead to relevant evidence.

However - before discovery of any sort is granted, you must "allege sufficient facts to state a claim to relief that is 'plausible on its face.'" Read pp 7-9 of the opinion.

Citing to a list of SS# for people whose name sounds like Obama's to allege fraud is not "plausible" evidence. (You'd need SOME indication that THIS Obama actually used THOSE SS#.)
Citing to an AOL survey of what people believe is not "plausible evidence."
Citing to an alleged US ban on travel to Pakistan is not "plausible evidence" (especially when evidence proves that claim to be false).
If you go through her Rhodes complaint, she really cites no "plausible" evidence to support her claims.

You have to be able to cite to SOME plausible evidence to support your claims other than "I don't like him; I don't trust him, so he must be lying."
242 posted on 09/16/2009 6:35:32 PM PDT by Sibre Fan
[ Post Reply | Private Reply | To 237 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson