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To: Klepto

It isn’t a “technicality” - as in “some trivial detail” - which is why a failure to respond is deemed to be an admission under the FRCP. It isn’t trivial, and no lawyer wants to go into a courtroom and try to explain how “the dog ate his homework,” particularly when compliance with teh discovery request is genuinely trivial, as it is in this case.

I do agree that no judge will do anything, but it is most likely because the courts have become corrupt and lawless, not because failure to observe the FRCP discovery rules is a mere “technicality”. The only legitimate way that O’s campaign could get away with this is if Berg lacks standing or the court lacks jurisdiction.


14 posted on 10/24/2008 4:47:34 PM PDT by achilles2000 (Shouting "fire" in a burning building is doing everyone a favor...whether they like it or not)
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To: achilles2000

Well, technicality doesn’t mean “trivial”. Unfortunately, the misuse of the word “technicality” has often bestowed upon it such an unfortunate definition. In the accurate definition it is a technicality, i.e. something that is technical which is the nature or “rules”, i.e. the FRCP. “Trivial” likely isn’t even a listed definition of technicality. So I completely agree with you in that it isn’t trivial. Also, the fact that a Motion to Dismiss and Extend was filed by O likely obviates the need for a response to the Request for Admissions (I still haven’t checked the local rules so not 100% sure). But at the risk of being technical, it is one of those technicalities that make the legal system look, well, insane from time to time.


36 posted on 10/24/2008 5:01:20 PM PDT by Klepto
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