Author Topic: Plantiff now did "Motion for Telephonic Witness at Trial''  (Read 3056 times)

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smigedog

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Plantiff now did "Motion for Telephonic Witness at Trial''
« on: February 19, 2010 01:56:58 AM »
This is a cut n paste off of our county courthouse website.
My family member is being sued by Citibanks Attorney (Zakheim & Assoc)
I'm told it's with the original creditor.  But Zakheim is known for buying debt.
Maybe they were assigned??
Okay Steve went to pretrial/mediation...and didn't want to 'settle' so it's set
for trial on 3/9/2010.
He knew the atty wanted telephonic hearing...but just today we went online and
found out that now they did a "Motion for Telephonic Witness at Trial''   
Will he have his head handed to him on a platter?
What kind of 'witness' can under oath say they know for a 'fact' this is his debt?
Can Steve file his own Motion' for a witness of his own, if he can do research on this
and can come up with something?
even if atty can come up with 'witness', was the witness there when this 'alledged' debt
happened?  or is it just a company employee from Citi just testifying that they monitor
accts and yes Steve did this debt?
Sorry for so many questions.  See docket below:


                Case Detail
Case:   2009SC-0068XX-0000-00 
Action:   DAMAGES 
Filing Date:   12/11/2009 

Parties
 Plaintiff(s)    Attorney
 CITIBANK (SOUTH DAKOTA) NA    Oxxxxxx KxxxxxxxxLEE J 
 
 Defendant(s)  Served   Attorney
 XXXX, STEVE J  12/15/2009   

Dockets
Date  Action  Docket Type  Number of Pages 
12/11/2009     Calendar entry added for: 01/13/2010 08:45 AM     CINS       
12/11/2009     Reason: PRTC     CINS       
12/11/2009     LETTER FROM ATTORNEY'S OFFICE     LAO     1 
12/11/2009     COMPLAINT     CO     3 
12/11/2009     SUMMONS NOTICE TO APPEAR     SNA     3 
12/16/2009     SERVICE OF PROCESS SERVED STEVE J XXXX     SPS     4 
12/30/2009     ANSWER / RESPONSE     AR     2 
01/13/2010     Calendar entry added for: 03/09/2010 01:15 PM     CINS       
01/13/2010     Reason: NTRL     CINS       
01/13/2010     TRIAL MEMO / PRE-TRIAL MEMO     TM     1 
02/15/2010     MOTION FOR TELEPHONIC APPEARANCE OF WITNESS AT TRIAL      M     1 
02/15/2010     MOTION FOR TELEPHONIC APPEARANCE AT TRIAL     M     1 


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Flyingifr

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Re: Plantiff now did "Motion for Telephonic Witness at Trial''
« Reply #1 on: February 19, 2010 02:18:55 AM »
file an Opposition based on your right to confront witnesses against you.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Morality of Debt? No one ever went to the Nether Regions for not paying a debt.

Founder of the Credit Terrorist Training Camp (Debtorboards)

smigedog

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Re: Plantiff now did "Motion for Telephonic Witness at Trial''
« Reply #2 on: February 19, 2010 03:23:09 AM »
Awesome, I will do exactly that.  thanks!
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Doctor Evil

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Re: Plantiff now did "Motion for Telephonic Witness at Trial''
« Reply #3 on: February 19, 2010 03:47:57 AM »
Awesome, I will do exactly that.  thanks!

There's a difference between sounding like you know what you are talking about and actually knowing what you are talking about.  Although he usually knows more than the average joe, fyingifr is not a lawyer, and on occasion he tends to try and fit square pegs in round holes. 

Go ahead with your motion, however you are going to be arguing a right that only applies in criminal cases.  You can try and convince the court that the witness's demeanor is important, but it probably isn't and the court likely will agree.

wesaidso

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Re: Plantiff now did "Motion for Telephonic Witness at Trial''
« Reply #4 on: February 19, 2010 06:21:34 AM »
However you should have the right for discovery and be  able to depose any witness prior to trial. That said good luck...
"The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore all progress depends on the unreasonable man."

Flyingifr

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Re: Plantiff now did "Motion for Telephonic Witness at Trial''
« Reply #5 on: February 19, 2010 12:11:52 PM »
There's a difference between sounding like you know what you are talking about and actually knowing what you are talking about.  Although he usually knows more than the average joe, fyingifr is not a lawyer, and on occasion he tends to try and fit square pegs in round holes. 

Go ahead with your motion, however you are going to be arguing a right that only applies in criminal cases.  You can try and convince the court that the witness's demeanor is important, but it probably isn't and the court likely will agree.

Doc, please tell me how a telephonic witness can testify as to the authenticity of a  document not in their hands, and then be cross-examined as to that document?

True, the Bill of Rights applies specifically to  criminal matters, but the principles of fairness apply in all matters. One cannot testify as to the authenticity of something one cannot see.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Morality of Debt? No one ever went to the Nether Regions for not paying a debt.

Founder of the Credit Terrorist Training Camp (Debtorboards)

flacorps

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Re: Plantiff now did "Motion for Telephonic Witness at Trial''
« Reply #6 on: February 19, 2010 05:32:30 PM »
There are some discussions on the web (which I can't lay my hands on right now) where witnesses of this type (telephonic or not) just fell apart on cross-examination ... they saw screens of data, not original bills, etc.
"History has taught us that weakness is provocative. To the extent that people see an area of weakness, they will take advantage of it..." - Donald Rumsfeld

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LUEser

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Re: Plantiff now did "Motion for Telephonic Witness at Trial''
« Reply #7 on: February 19, 2010 06:55:30 PM »
The above discussion is why this place is so awesome.  Looking at Flacorps post, while he may not be able to comment much more on the matter, what I get from reading between the lines is that if Veder has some strong cross-examination skills and knows the right questions to ask, then the witness's credibility can be shot out the window.

This if furthered by Flying's post about not being able to authenticate by not being there. I can see the scenario where the witness will state that at one point they had seen the document, at which point I would ask for clarification as to whether or not the document they had seen was the one in court at that very moment or whether it was a copy of said document. Either answer they give, gives you a road to travel that can still lead to the witness's testimony being a nonpoint because he/she is unable to authenticate the doc.
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artistickat

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Re: Plantiff now did "Motion for Telephonic Witness at Trial''
« Reply #8 on: February 19, 2010 08:42:21 PM »
There's a difference between sounding like you know what you are talking about and actually knowing what you are talking about.  Although he usually knows more than the average joe, fyingifr is not a lawyer, and on occasion he tends to try and fit square pegs in round holes. 

Go ahead with your motion, however you are going to be arguing a right that only applies in criminal cases.  You can try and convince the court that the witness's demeanor is important, but it probably isn't and the court likely will agree.

Sorry, Dr E but I know of several civil cases (divorce and custody related) where the court will only allow telephonic witnesses if both parties agree. Maybe it's a WA thing.

smigedog

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Re: Plantiff now did "Motion for Telephonic Witness at Trial''
« Reply #9 on: March 13, 2010 04:30:15 AM »
OK, an update on this case!
I think because the Judge didn't allow the Plantiffs attorney to show up via telephonic hearing, and
the fact that he actually had a alledged debtor that was going to fight back,
he pulled back and the case was dismissed without prejudice.
Probably thought that driving more than 2 hrs, and all wasn't worth it.
No reason was given.
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LUEser

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Re: Plantiff now did "Motion for Telephonic Witness at Trial''
« Reply #10 on: March 13, 2010 04:32:45 AM »
More proof that the business model of the debt collection agency really is a numbers game. Why fight for one case when 99 others will be a simple default?
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citizensoldier

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Re: Plantiff now did "Motion for Telephonic Witness at Trial''
« Reply #11 on: March 13, 2010 05:58:58 AM »
There's a difference between sounding like you know what you are talking about and actually knowing what you are talking about.  Although he usually knows more than the average joe, fyingifr is not a lawyer, and on occasion he tends to try and fit square pegs in round holes. 

Go ahead with your motion, however you are going to be arguing a right that only applies in criminal cases.  You can try and convince the court that the witness's demeanor is important, but it probably isn't and the court likely will agree.

Can you elaborate on how the judge or anyone else in the court can verify the identity of the alleged "witness" or know they are not reading from notes that have not been disclosed to the opposing party, etc..?

LUEser

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Re: Plantiff now did "Motion for Telephonic Witness at Trial''
« Reply #12 on: March 13, 2010 06:24:35 AM »
You know, as much flak as Doc catches here, we should all be appreciative of his perspective on the other side of things. It does offer a lot of valuable insight into things that we may not think about. Of course we're always going to want to try to find things to fit our own agendas, but his reality checks have in some cases been beneficial, even if they are presented with his usual snark (and at times utter disdain for the mindset here).

Even in the cases where he's wrong, he has (perhaps unintentionally, or perhaps he's just a genius in disguise that gets people thinking by being adversarial) made several people here think about legal issues that may come up that they otherwise may have overlooked.
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Flyingifr

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Re: Plantiff now did "Motion for Telephonic Witness at Trial''
« Reply #13 on: March 13, 2010 09:53:28 AM »
that statement is exactly why DB not only allows collectors to come and post, but welcomes them.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Morality of Debt? No one ever went to the Nether Regions for not paying a debt.

Founder of the Credit Terrorist Training Camp (Debtorboards)

imnotpaying

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Re: Plantiff now did "Motion for Telephonic Witness at Trial''
« Reply #14 on: March 13, 2010 01:32:58 PM »
In Florida Small Claims the judge in my case stated that witnesses were not allowed to appear by phone. I did not even ask for it.

 

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