Surly lawyer question- deposition question

[SKJ 1311]

3 hours ago, Liquor and Poker said:

 

People who react like this seriously need to spend 3-4 days in jail.  Unless you like jail (some people like being told what to do, when to do it and where to do it).  If that’s the case, you’ll get there on your own.  

It's not jail, it's the principle of the whole thing. I'm flat out not going to testify on or about anyone else.

I live by my principles.

[Liquor and Poker 3659]

13 minutes ago, SKJ said:

It's not jail, it's the principle of the whole thing. I'm flat out not going to testify on or about anyone else.

I live by my principles.

Yeah, but you do understand that most people don't think that way, right?  And that the law isn't written that way?  

I mean, a judge cannot force you to do anything but sit in a cell when it comes right down to it.  But he can certainly do that.  And for a long time. How long is actually a matter of some dull scholarly legal debate, but its too damn long for most people by a long stretch.  

[SKJ 1311]

1 minute ago, Liquor and Poker said:

Yeah, but you do understand that most people don't think that way, right?  And that the law isn't written that way?  

I mean, a judge cannot force you to do anything but sit in a cell when it comes right down to it.  But he can certainly do that.  And for a long time. How long is actually a matter of some dull scholarly legal debate, but its too damn long for most people by a long stretch.  

I fully understand. Trust me.

It's definitely a beating sometimes, but I still stand by them

[DanRydell 799]

It's not jail, it's the principle of the whole thing. I'm flat out not going to testify on or about anyone else.
I live by my principles.

Your principles are fucking idiotic.

[Dahobbs 17533]

1 minute ago, DanRydell said:

 

Your principles are fucking idiotic.

 

Yes, this. 

[cactusflinthead 27598]

21 minutes ago, Liquor and Poker said:

Yeah, but you do understand that most people don't think that way, right?  And that the law isn't written that way?  

I mean, a judge cannot force you to do anything but sit in a cell when it comes right down to it.  But he can certainly do that.  And for a long time. How long is actually a matter of some dull scholarly legal debate, but its too damn long for most people by a long stretch.  

So what's the record for sitting in jail for refusing to testify? Greg Anderson did more than a year for not talking to the grand jury about Barry Bonds. 

[SKJ 1311]

17 minutes ago, DanRydell said:

 

Your principles are fucking idiotic.

 

Hmm... I'm sure if we sat down and talked, you'd have some ideas that I found ridiculous. And hopefully you'd have some principles that you live by... Some we might agree on.

But I would hope you'd have the fortitude to live by them and never break. It's rare.

[TwiceHorn 31449]

Ehhhh. I am reasonably sure SKJ is coming at this from a criminal trial perspective, where testimony is frequently coerced or induced by the government to convict someone. In that sense, it's a variation on snitches get stitches. I can understand that perspective. 

The rest of us are talking about civil litigation where the stakes are not nearly as high and giving truthful testimony can be viewed as a civic duty. 

[DanRydell 799]

Ehhhh. I am reasonably sure SKJ is coming at this from a criminal trial perspective, where testimony is frequently coerced or induced by the government to convict someone. In that sense, it's a variation on snitches get stitches. I can understand that perspective. 
The rest of us are talking about civil litigation where the stakes are not nearly as high and giving truthful testimony can be viewed as a civic duty. 

Perhaps, but the topic of the thread is a civil deposition.

[Hank Scorpio 17729]

I for one respect SKJ's no snitching policy. 

[SKJ 1311]

The point is, if you're just minding your own fucking business, what the fuck right does someone have to bother you and force you to answer questions.

The answer is, at least for me, none at all

[Liquor and Poker 3659]

1 hour ago, cactusflinthead said:

So what's the record for sitting in jail for refusing to testify? Greg Anderson did more than a year for not talking to the grand jury about Barry Bonds. 

Not sure.  I think 14 years is the record for civil contempt - but that was for refusing to produce money from an offshore account in a divorce case.  There was a WSJ article about it a few years back - lots of multiyear examples.

https://www.wsj.com/articles/SB123137263059962659

[Jerry Callo 8700]

I happily spent the night in jail for contempt during a murder trial.  Finely got some much needed sleep.  YMMV

[cactusflinthead 27598]

So 14 years. 

This one was written after the WSJ article. 

In most civil contempt cases, this is no big deal. Deadbeat dad rots in jail for a few days or weeks, then comes up with the cash the court has ordered him to pay, and he's free. But in some cases, like Chadwick's, the defendant is either unable to comply with the order, or so willfully noncompliant, he can rot in prison for a very long time:

A most uncivil contempt

[TwiceHorn 31449]

On 2/1/2019 at 3:10 PM, Jerry Callo said:

I happily spent the night in jail for contempt during a murder trial.  Finely got some much needed sleep.  YMMV

Gonna need to hear the story on this.

 

Also, I fibbed a little (was mistaken) about Texas contempt.  In the usual case, it is a maximum of six months, but there are a few exceptions.  In any event, Texas caps contempt incarceration at 18 months, including multiple citations for the same conduct.  https://statutes.capitol.texas.gov/Docs/GV/htm/GV.21.htm

Texas' laws aren't perfect, but I will say that its "workaday" laws, family, penal, estate/probate, etc. do a really good job of avoiding bizarre and anomalous results you see elsewhere.

Edited February 4, 2019 by TwiceHorn

[bernorange 8359]

50 minutes ago, TwiceHorn said:

Gonna need to hear the story on this.

...

Lulz.  They made a whole movie about it.

[Jerry Callo 8700]

Just now, bernorange said:

Lulz.  They made a whole movie about it.

It was covered extensively in the documentary film My Cousin Vinny.

[TwiceHorn 31449]

Oh. Lol. I didn't remember that.

[George 492]

On 2/1/2019 at 3:10 PM, Jerry Callo said:

I happily spent the night in jail for contempt during a murder trial.  Finely got some much needed sleep.  YMMV

Pics of wife plz?