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PostPosted: Mon Apr 16, 2012 3:00 pm 
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BFB wrote:
raicha wrote:
AnitaMaria wrote:
I have a serious question: When does an interview become a deposition? Orly can interview Ms. Viviano any time she wants, she can even have a court reporter there if she wants. She doesn't need any court authorization for that if Viviano agrees to it. She can also ask Ms. Viviano to sign a daffydavit. Who cares?

What conditions have to exist to change it from an interview or conversation to a deposition? And why does it matter?


An interview becomes a deposition when it is conducted under the rules of the jurisdiction of the case, including any rule requiring notice to all parties that a deposition will be taken.

Anything short of that is not a deposition and no part of it is admissible as a deposition in a court of law.


A question, I haz one.

Orly sez she's looking for a court reporter to court report on her deposition. I'm assuming court reporters with any experience have basic knowledge of things like depositions. Is there any obligation on the part of the CR to point out that some procedures are not being followed, such as failure of opposing counsel to attend? Or does the CR just sit down and court report, and keep their yap shut?


Freelance court reporters are well-versed in deposition taking. It's about 85% or more of what most of them do, though some do specialize in other areas.

There is not only no obligation on the part of the CR to point out any procedures that are or are not being followed (except the witness needs to be sworn before beginning) but it is beyond the scope of the reporter's duties to point out such (even though they would know it).

It is the reporter's job to take the record, not make it.

The reporter would have the responsibility to make sure a proper record can be taken, such as asking people to repeat a question/answer they could not hear or understand, to ask/remind participants to not interrupt each other as they can only write one person at a time (for the most part) and to speak at a speed the reporter can take. Other than that... sit down, shut up, and keep up. :D

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PostPosted: Mon Apr 16, 2012 3:00 pm 
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neonzx wrote:
I have a VENUE idea, Orly! http://www.acmecomedy.com/rentals.htm

Quote:
RENT THE ACME THEATRE / PRODUCTION STUDIO

ACME Comedy Hollywood, founded in 1989, isa premier 90 to 120 seat venue featuring a classic performance space with modern multimedia production facilities. And you can rent this great space for your show or event!
...
Rental Fees - Rehearsals, Workshops, Screenings, Shows

Daytime:
Afternoon 1 PM - 5 PM $495
Full Day 9 AM - 5 PM $895

:-bd

Will seating be sufficient for a surprise Obot flash conference (free Margeritas will be served in unlimited quantities from FEMA funds) :?:


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PostPosted: Mon Apr 16, 2012 3:00 pm 
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raicha wrote:
BFB wrote:
A question, I haz one.

Orly sez she's looking for a court reporter to court report on her deposition. I'm assuming court reporters with any experience have basic knowledge of things like depositions. Is there any obligation on the part of the CR to point out that some procedures are not being followed, such as failure of opposing counsel to attend? Or does the CR just sit down and court report, and keep their yap shut?


Some suck-egg court reporter may confirm or deny my assertion: No. In California, the court reporter shows up, swears the witness and takes down the proceedings, whether they make any sense or not and no matter who has been informed of them or not.


And then charges $10 a page for the transcripts ... :lol:

Damn, I gotta get into that racket.

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PostPosted: Mon Apr 16, 2012 3:04 pm 
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Is a lawyer plaintiff allowed to make the decision that the opposition's second chair is sufficient to attend a deposition, based on economy? IOW, is it reasonable for the first chair to insist on attending this deposition and be compensated for airfare, hotel, (fine) dining, etc?

Would it not be the best of all possible worlds if a camera were allowed to capture Orly's latest historic event? How much fun would that be, especially if it were streamed live!


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PostPosted: Mon Apr 16, 2012 3:12 pm 
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ObjectiveDoubter wrote:
Is a lawyer plaintiff allowed to make the decision that the opposition's second chair is sufficient to attend a deposition, based on economy?

For the opposing side to determine who attends? No.


IOW, is it reasonable for the first chair to insist on attending this deposition and be compensated for airfare, hotel, (fine) dining, etc?

No. If the first chair lives in Timbuktu and has to fly to BFE, that's his decision (and that of his client). It's part of the costs of prosecuting/defending a case. He later may move for costs to be awarded and might recover those.


Would it not be the best of all possible worlds if a camera were allowed to capture Orly's latest historic event? How much fun would that be, especially if it were streamed live!

Under the Rules, videotaping of depositions is permitted. Live streaming of a deposition (though I've seen RealTime distributed over the toobes, and even 1-2 video depos in my time, it's highly unusual, and in those cases required either agreement of all parties or in one case a court order.

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PostPosted: Mon Apr 16, 2012 3:14 pm 
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ObjectiveDoubter wrote:
Is a lawyer plaintiff allowed to make the decision that the opposition's second chair is sufficient to attend a deposition, based on economy? IOW, is it reasonable for the first chair to insist on attending this deposition and be compensated for airfare, hotel, (fine) dining, etc?

Would it not be the best of all possible worlds if a camera were allowed to capture Orly's latest historic histrionic event? How much fun would that be, especially if it were streamed live!

FIFY


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PostPosted: Mon Apr 16, 2012 4:49 pm 
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raicha wrote:
BFB wrote:
A question, I haz one.

Orly sez she's looking for a court reporter to court report on her deposition. I'm assuming court reporters with any experience have basic knowledge of things like depositions. Is there any obligation on the part of the CR to point out that some procedures are not being followed, such as failure of opposing counsel to attend? Or does the CR just sit down and court report, and keep their yap shut?


Some suck-egg court reporter may confirm or deny my assertion: No. In California, the court reporter shows up, swears the witness and takes down the proceedings, whether they make any sense or not and no matter who has been informed of them or not.


The obligations of the court reporter are generally outlined in the final sheet of any transcript produced by that reporter. For example, from the certificate from the deposition of Casey Anthony.

Essentially, they simply certify they were authorized to record the transcript and produced a transcript that to the best of their abilities is a true and complete transcription, generally from stenographic notes (for a real SECR) or audio recording (from other kinds of transcriptionist). The one in this example also disclaims any conflict of interest.

A conscientious reporter will sometimes interrupt to point out obvious omissions like failing to swear in a witness, or request parties to repeat things that are unclear or stop interrupting each other, but is under no obligation to do so. If the attorneys screw it up, it's on them.

The court reporter gets paid in any event, though in the case of a crook like Orly, should probably insist on being paid in advance.

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PostPosted: Mon Apr 16, 2012 4:59 pm 
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neonzx wrote:
neonzx wrote:
:twisted: http://www.orlytaitzesq.com/?p=37399 :twisted:

Quote:
Good news

Posted on | April 16, 2012 | No Comments

I heard back from the Hollywood producer Bettina Viviano.
(snip)

steve
April 16th, 2012 @ 10:18 am

Do like the boy scouts motto and be prepared,
rent a car and don’t bring a ‘smart’ phone.
Good luck!

The renting a car, I get. But what's the smart phone warning about?


Because they don't want the phone to be the smartest thing in the room?

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PostPosted: Mon Apr 16, 2012 5:26 pm 
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Could the smart phone reference have more to do with the fact that it can be used as a passive listening device?

Why that would matter at a deposition is beyond me but FM/Orly logic is not of this world.

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PostPosted: Mon Apr 16, 2012 5:57 pm 
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neonzx wrote:
This board requires you to be registered and logged-in before you can view hidden messages


To be really safe, ensure you only rent a car with an old school carberator and no computer.....

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PostPosted: Mon Apr 16, 2012 6:43 pm 
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A Legal Lohengrin wrote:
raicha wrote:
BFB wrote:
A question, I haz one.

Orly sez she's looking for a court reporter to court report on her deposition. I'm assuming court reporters with any experience have basic knowledge of things like depositions. Is there any obligation on the part of the CR to point out that some procedures are not being followed, such as failure of opposing counsel to attend? Or does the CR just sit down and court report, and keep their yap shut?


Some suck-egg court reporter may confirm or deny my assertion: No. In California, the court reporter shows up, swears the witness and takes down the proceedings, whether they make any sense or not and no matter who has been informed of them or not.


The obligations of the court reporter are generally outlined in the final sheet of any transcript produced by that reporter. For example, from the certificate from the deposition of Casey Anthony.

Essentially, they simply certify they were authorized to record the transcript and produced a transcript that to the best of their abilities is a true and complete transcription, generally from stenographic notes (for a real SECR) or audio recording (from other kinds of transcriptionist). The one in this example also disclaims any conflict of interest.

A conscientious reporter will sometimes interrupt to point out obvious omissions like failing to swear in a witness, or request parties to repeat things that are unclear or stop interrupting each other, but is under no obligation to do so. If the attorneys screw it up, it's on them.

The court reporter gets paid in any event, though in the case of a crook like Orly, should probably insist on being paid in advance.


I love our court reporters. I stopped counting how many depositions I've taken at about 150, years ago. But I will never forget deposition number one: I was so nervous that I forgot how to even begin the deposition, i.e. the mundane introductory comments and instructions most attorneys will give to a witness. The opposing counsel, who I also will never forget, jumped in for me and got me on my way. Still terrified at how the transcript would look to my new bosses, it turns out that the court reporter and opposing counsel conspired to "modify" it to make me look better. (This was a routine, low dollar value car accident case. No standards of justice were harmed in the performance of these acts of kindness.)

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PostPosted: Mon Apr 16, 2012 6:53 pm 
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Old Grunt wrote:
To be really safe, ensure you only rent a car with an old school carberator and no computer.....


You still have to worry about the dipstick and the emissions hoses.

NADT!

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PostPosted: Mon Apr 16, 2012 6:58 pm 
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I love our court reporters. I stopped counting how many depositions I've taken at about 150, years ago.


I stopped counting the number of "baby lawyers" I've helped "train" many years ago, but it's considerable. I have many SECR friends who have done the same.

I have clients who will ask me to come by the office after a baby lawyer depo or will call or email me afterward asking "how did he/she do." Be nice to your SECRs. :mrgreen:

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PostPosted: Mon Apr 16, 2012 7:03 pm 
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A Legal Lohengrin wrote:
You still have to worry about the dipstick and the emissions hoses.


OK, I can see how Orly can be called an "emissions hose" but who is the dipstick that's going along with her?


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PostPosted: Mon Apr 16, 2012 7:07 pm 
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Dr. Blue wrote:
A Legal Lohengrin wrote:
You still have to worry about the dipstick and the emissions hoses.


OK, I can see how Orly can be called an "emissions hose" but who is the dipstick that's going along with her?

See Jackson, Chalice, aka Meroni, Sharon. :|

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PostPosted: Mon Apr 16, 2012 7:52 pm 
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Dr. Blue wrote:
A Legal Lohengrin wrote:
You still have to worry about the dipstick and the emissions hoses.


OK, I can see how Orly can be called an "emissions hose" but who is the dipstick that's going along with her?


(this is too easy)

viewtopic.php?f=12&t=3238#p106453

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PostPosted: Mon Apr 16, 2012 8:39 pm 
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realist wrote:
Quote:
I love our court reporters. I stopped counting how many depositions I've taken at about 150, years ago.


I stopped counting the number of "baby lawyers" I've helped "train" many years ago, but it's considerable. I have many SECR friends who have done the same.

I have clients who will ask me to come by the office after a baby lawyer depo or will call or email me afterward asking "how did he/she do." Be nice to your SECRs. :mrgreen:


I shared a copy of the transcript of my first deposition (years ago) with our resident suck-egg court reporter. I was doing second-day mop-up operations for one of the partners who wanted to return home early from Atlanta. SECR was very tactful and carefully chose his words to mask his dismay at the wreck of a record. :oops: I did get the witness to concede one fact that was crucial to surviving MSJ, though, and had the good sense to end the deposition at that moment so the witness could not retract or rehabilitate his answer. :-bd The best part was seeing the expression on opposing counsel's face when he realized what had just occurred.

Within a year I was jumping in to aid baby lawyers.

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PostPosted: Mon Apr 16, 2012 9:39 pm 
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Dammit I'm mad. Board of Supervisors meeting ran long and got over there at 1:00. Homemade meatloaf and cornbread. Missed it all. ](*,) ](*,) ](*,) ](*,)

This thing needs a Jimmy Connors throwing a tantrum icon.


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PostPosted: Mon Apr 16, 2012 9:57 pm 
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kingfish wrote:
Dammit I'm mad. Board of Supervisors meeting ran long and got over there at 1:00. Homemade meatloaf and cornbread. Missed it all. ](*,) ](*,) ](*,) ](*,)

This thing needs a Jimmy Connors John McEnroe throwing a tantrum icon.


FIFY

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PostPosted: Mon Apr 16, 2012 9:58 pm 
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PostPosted: Mon Apr 16, 2012 10:02 pm 
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nycpeter wrote:
Any of you flying out to help Baby Orly with her depo?



HEY NOW, THAT'S JUST NOT RIGHT.

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PostPosted: Mon Apr 16, 2012 10:29 pm 
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hitch wrote:
Orly's lining up her witnesses. First subpoenaed is Bettina Viviano, a very disgruntled democrat who helped make a movie "We Will Not Be Silenced". From the website
Quote:
As Americans, we expect certain liberties and rights that were defined by by our forefathers in documents like the Constitution and the Declaration of Independence. "We the people" expect that these fundamental rights will always be protected. However, in the current Democratic Presidential Primary, this has not been the case. We believe The Democratic National Committee (DNC) made a grave error by depriving American voters of their choice of Hillary Clinton as Democratic nominee. Senator Clinton, by all accounts, except caucuses, won the Primary Election and, therefore, should be the 2008 Democratic Nominee. That didn't happen, due largely to illegitimate and illegal acts. We have interviews of many accounts from caucus states recounting threats, intimidation, lies, stolen documents, falsified documents, busing in voters in exchange for paying for "dinners," etc. There are at least 2000 complaints, in Texas alone, of irregularities directed towards the Obama Campaign, that have lead to a very fractured and broken Democratic Party.


I'm fairly I already know the answer to this, but I'm asking anyway - is there any truth **at all** to what she's claiming? Or are the charges just completely bogus?

Thanks!

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PostPosted: Mon Apr 16, 2012 11:18 pm 
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realist wrote:
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As both the Plaintiff, the witnesses and one of the defense attorneys are residents of California, it is the most convenient and cost effective to hold the deposition in California.


Well, except the venue is MS. And 7 parties' attorneys flying to CA rather than 2 witnesses and one attorney flying to MS is more cost efficient how, exactly?

Oh, Orly doesn't have to pay travel and expenses if everyone else flies to CA. :-

Of course, it's not going to happen, just sayin'.


I'm not sure Orly understand that each defendant can have their own defence attorney. Some or all of them may opt to hire the same attorney(s) so that they can present a more unified defence, rather than having to have all of the defence attorneys try to coordinate their efforts, but AFAIK there's no requirement that they do so.

I think that Orly believes, however, that even if they all have individual attorneys, one defence attorney can represent the entire group at a deposition, asking questions and making objections not only on behalf of his/her own client, but on behalf of all the clients. As a result, only the attorney located in California needs to be able to attend the deposition if she can hold it there, making it unnecessary for the other attorneys to make the trip.

Ok, gotta go massage the brain for a few - I think I pulled a lobe up there trying to figure all that out... :D

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PostPosted: Mon Apr 16, 2012 11:39 pm 
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lyssandri wrote:
hitch wrote:
Orly's lining up her witnesses. First subpoenaed is Bettina Viviano, a very disgruntled democrat who helped make a movie "We Will Not Be Silenced". From the website
Quote:
As Americans, we expect certain liberties and rights that were defined by by our forefathers in documents like the Constitution and the Declaration of Independence. "We the people" expect that these fundamental rights will always be protected. However, in the current Democratic Presidential Primary, this has not been the case. We believe The Democratic National Committee (DNC) made a grave error by depriving American voters of their choice of Hillary Clinton as Democratic nominee. Senator Clinton, by all accounts, except caucuses, won the Primary Election and, therefore, should be the 2008 Democratic Nominee. That didn't happen, due largely to illegitimate and illegal acts. We have interviews of many accounts from caucus states recounting threats, intimidation, lies, stolen documents, falsified documents, busing in voters in exchange for paying for "dinners," etc. There are at least 2000 complaints, in Texas alone, of irregularities directed towards the Obama Campaign, that have lead to a very fractured and broken Democratic Party.


I'm fairly I already know the answer to this, but I'm asking anyway - is there any truth **at all** to what she's claiming? Or are the charges just completely bogus?

Thanks!


I love this line. Turn it around and say "Soandso won the election, and all the caucuses, as long as you don't count primary elections."

I know a lot of people have disagreements about whether or not caucuses are worthwhile compared to standard primary elections for the purposes of electing delegates to the conventions. But those disagreements aren't relevant at the moment. The fact is in 2008 both the Democratic and Republican parties had some states that held caucuses, and some states that held primary elections. A caucus tends to bring out the diehards, those who are wholly committed to a candidate. Get-out-the-voter efforts for caucuses are of great importance, as the "number of caucus-goers per delegate" is significantly lower than in a primary. And yes, every candidate tries all they can to get people to go, generally by offering transportation. I haven't heard anything about "falsifying documents", but PUMAs have been claiming that for years without any evidence. The reality is if Hillary Clinton had something definitive to use against President Obama in the primary, including "election fraud", she probably would have used it. That's politics.

So it's true that (although it's a bit wrong in that President Obama did not participate in Michigan, while Hillary Clinton did, against her pledge to not do so) Hillary Clinton did get marginally more primary election votes than President Obama. I don't recall the numbers and I'm sure someone can find them on Wikipedia. But President Obama's strategy included a focus on the caucus states, and getting his supporters to attend the caucuses, and he won a large number of delegates from caucus states, with a corresponding lower number of people actually participating. In contrast, Hillary Clinton's campaign staff openly stated they were focusing on the large primary election states with large numbers of delegates. President Obama's strategy won - the delegates he was awarded from caucuses overcame Hillary Clinton's advantage in the primary election states.

Look, our presidential primaries are still done very strangely, with each state doing their elections differently (primaries or caucuses) and apportioning delegates differently (winner take all, by district, proportionally, etc). But President Obama did gain more delegates, and was the nominee.

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PostPosted: Mon Apr 16, 2012 11:44 pm 
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Foggy wrote:
Roboe wrote:
Why on earth is she even tacking Ms. Nagamine on to that senders list?
To rub her face in it.


In addition, IIRC, she's including Nagamine as part of the RICO crap because of her aiding and abetting the Usurper by denying Orly her right to see Obama's long-form birth certificate. I *think* she believes this is an effective way to get Nagamine to relent and release the records rather than have to face the consequences of having to defend herself in a RICO suit.

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