Fiore and Seaman should move to Nye Co. The story would be more interesting if there were guns involved. The Lets Go Brandon guy could use his truck to help them move.
I don't remember what was on that website, or what prima facia evidence Seaman presented so I can't say if Judge Newberry was right or wrong. However, if I were a judge, I would be extremely reluctant to order the takedown of a website critical of a public figure, absent extremely compelling evidence.
Newberry is a moderator of a Las Vegas "mom" blog on Facebook – she has routinely shut down speech on that blog. Not to mention she shouldn't even be involved in that group. Not a fan of hers at all in terms of her legal judgment. Very nice and professional woman, she's had a hard go with some family issues but I would still boot her on my cases if assigned to her courtroom.
The article about Judge Newberry does say there was no response to the complaint, but it also says there was no service. Was a default judgment entered? Why is she making decisions on the merits? Was there a TRO application? It's unclear whether Judge Newberry's decision was procedural or substantive.
Nye; weapons
I guess I don't understand. Nye County willing to pay for housing the District Court in another building, but won't put a metal detector in the existing location. Setting aside the obvious issue of protecting everyone in the present court building, and those who have business there, the cost of a metal detector has to be significantly less than housing the court in another building.
Question: Hearsay is inadmissible in trial – in a deposition it is OK – in the Johnny Depp trial they keep playing depositions – doesn't that let the jury hear hearsay? What is going on? (thanks, I do franchise contract law and know very little about trials)
Yes hearsay is allowed in depositions. When in trial it depends on whether it falls under an exception OR if it evens meets the definition of hearsay. If it is not being offered to prove the truth of the matter asserted then it's not hearsay. Could be offered as impeachment, to prove the statement was made (not that it was true – it is a defamation action), or a bunch of other reasons.
Deposition testimony can be taken with the intention of replacing trial testimony. Also, review exceptions to hearsay.
Guest
Anonymous
May 18, 2022 7:06 pm
It's not okay in a deposition, either. It's just that the hearsay objections are already preserved until trial. If they want to read deposition testimony, it can come in if it would be admissible if the witness was present and testifying. If deposition testimony is proffered, and it contains inadmissible hearsay, then object to the hearsay.
Just to clarify, it's absolutely "okay" to solicit hearsay in a deposition. The hearsay testimony may not be admissible at trial (like 12:06 said), but it's still discoverable.
NRCP 26(b)(1) "Information within this scope of discovery need not be admissible in evidence to be discoverable."
Guest
Anonymous
May 18, 2022 7:32 pm
#AbolishHOAs
#BrandonShouldGo
#FreedomOfSpeech
Guest
Anonymous
May 18, 2022 10:47 pm
Schadenfreude– to that opposing counsel who wrote nasty things in a motion about me personally as your opposing counsel 6 years ago, I never got down in the mud with you. However I want you to know that we were retained by a current (well immediately former) client of yours to sue you for malpractice which you did very clearly commit. We would not normally take a legal malpractice case except the facts are clear and while I may have forgiven I want you to know that I did not forget.
Fiore and Seaman should move to Nye Co. The story would be more interesting if there were guns involved. The Lets Go Brandon guy could use his truck to help them move.
Freedom of speech. Newberry decision is wrong
Perhaps the person operating the website should have opposed the motion then.
I don't remember what was on that website, or what prima facia evidence Seaman presented so I can't say if Judge Newberry was right or wrong. However, if I were a judge, I would be extremely reluctant to order the takedown of a website critical of a public figure, absent extremely compelling evidence.
My complete speculation is that the person that hosted the website did not respond to the lawsuit to avoid having to disclose their actual identity.
Newberry is a moderator of a Las Vegas "mom" blog on Facebook – she has routinely shut down speech on that blog. Not to mention she shouldn't even be involved in that group. Not a fan of hers at all in terms of her legal judgment. Very nice and professional woman, she's had a hard go with some family issues but I would still boot her on my cases if assigned to her courtroom.
Ditto. That could actually become a campaign issue for her next time around. Or could become the subject of a Judicial Discipline complaint.
Newberry could get a discipline complaint for moderating a facebook page? Am I reading this right?
Also, 2:02 – there's no free speech on facebook, categorizing moderating as "shut down speech" is a little silly.
@3:04 more than a little
Judge Newberry – yikes!
The article about Judge Newberry does say there was no response to the complaint, but it also says there was no service. Was a default judgment entered? Why is she making decisions on the merits? Was there a TRO application? It's unclear whether Judge Newberry's decision was procedural or substantive.
Judge Clark Newberry is not a moderator of the Law Moms' Group; her wife is.
I thought Newberry got divorced from her wife.
I do trust John Lee. I go so far as support a socialist. Now,I am pro&life,tea party. Sure
Nye; weapons
I guess I don't understand. Nye County willing to pay for housing the District Court in another building, but won't put a metal detector in the existing location. Setting aside the obvious issue of protecting everyone in the present court building, and those who have business there, the cost of a metal detector has to be significantly less than housing the court in another building.
What?
Not, op
OP @bot. Definitely
F*^king idiots.
Question: Hearsay is inadmissible in trial – in a deposition it is OK – in the Johnny Depp trial they keep playing depositions – doesn't that let the jury hear hearsay? What is going on? (thanks, I do franchise contract law and know very little about trials)
Yes hearsay is allowed in depositions. When in trial it depends on whether it falls under an exception OR if it evens meets the definition of hearsay. If it is not being offered to prove the truth of the matter asserted then it's not hearsay. Could be offered as impeachment, to prove the statement was made (not that it was true – it is a defamation action), or a bunch of other reasons.
Deposition testimony can be taken with the intention of replacing trial testimony. Also, review exceptions to hearsay.
It's not okay in a deposition, either. It's just that the hearsay objections are already preserved until trial. If they want to read deposition testimony, it can come in if it would be admissible if the witness was present and testifying. If deposition testimony is proffered, and it contains inadmissible hearsay, then object to the hearsay.
Just to clarify, it's absolutely "okay" to solicit hearsay in a deposition. The hearsay testimony may not be admissible at trial (like 12:06 said), but it's still discoverable.
NRCP 26(b)(1) "Information within this scope of discovery need not be admissible in evidence to be discoverable."
#AbolishHOAs
#BrandonShouldGo
#FreedomOfSpeech
Schadenfreude– to that opposing counsel who wrote nasty things in a motion about me personally as your opposing counsel 6 years ago, I never got down in the mud with you. However I want you to know that we were retained by a current (well immediately former) client of yours to sue you for malpractice which you did very clearly commit. We would not normally take a legal malpractice case except the facts are clear and while I may have forgiven I want you to know that I did not forget.
Come and get me you bastard. 😉
3:47…get'em
#freethebabyformula
#freebonniebulla
#freejohnlee
Heh heh – working late (later than I'd like) and saw Blog says "seaman"
Comments are blocked on the new post for 5/19, just FYI to the mods, thanks!