Deposition in the morning. What to expect?

[Noknowledge]

What is the name of your state? Illinois

I'm being sued by my ex-girlfriend, she's accusing me of posting "Private Video's" of us on the internet(I did not, I have a new job making money I have never made before, but im geting married in a month and I cannot afford an attoney). this is two questions in one. Im representing myself, I just received the Answers back, I did not get any of my questions anawered, What can I do they are valid points, thing that will show I did not post these videos. Also the deposition is in the morning. What can I expect and what to look out for. Let me know if you need more info about the case, Im an open book.

 

[JustAPal00]

Were they on the web? Who else had access to them? Do both of you have copies? Was she over 18?

 

[Noknowledge]

Yes, they were on the web, she is over 18. we recorded a few movies I had access to one, The tape I had on hand was in storage. I have not seen the tape they are claiming was on the web but i will see it in the morning. I think someone used my Wifi connection to post them. they have my IP address but I've been trying to get the host name associated with their findings that can tell what computer this came from.

 

[las365]

Here are some basic tips for your deposition. I am assuming that your exgf is represented by an attorney.

Be early. You don't want to be rushed and anxious about finding parking or the place you need to be. Have them put you in the room where the depo will be taken so you can sit down and get oriented. Introduce yourself to the court reporter and get his or her business card.

When the deposition starts, listen to what the attorney says. He will introduce himself. He will tell you how the Q&A works. He will begin asking you questions such as what your name and address are.

Listen to the questions. Don't start to answer before he finishes speaking. After you hear the question, think about it for a moment. (Not like a big dramatic pause, just take a few seconds to make sure you understood the question.) Try to not to think about how you are going to answer before the question is finished. If you are thinking about what you are going to say, you aren't listening.

Answer the question. Sounds simple, right? Answer the question. That means don't go off into some long story or explanation of offer a bunch of information in addition to the simple answer to the question. Don't speculate. Don't get mad. Be straighforward. Keep it simple. Tell the truth. If you don't know the answer, say "I don't know." That's it.

If you don't understand the question, say so. Ask him to ask it again. If you start feeling flustered or mad or need to go to the bathroom, ask for a break.

Remember that your exgf has to prove her allegations. If you didn't do it, you don't have to come up with an explanation of how it could have happened.

 

[JustAPal00]

Do as above. Be calm.

 

[Noknowledge]

Thank you for the info. I plan to do as ou have advised. It's only one thing that scares me, and that's about the IP address that's linked, I spoke w/ My IT dept at my job and they told me it possible for someone to link me to any bad activity. Im glad a posted this I was planning on going inthere giving my thought on what happend. When do I get to defend myself? I asked for her Hard drive to her laptop and she lied and told them she did not have a laptop and that was their answer to me. "My Client do not own a Laptop.

 

[Rexlan]

All of the above is good; however, you should try to answer each question with a Yes or NO. The atty will follow up with more questions and you need to do the same. Additionally, DO NOT take anything to the deposition with you, leave it at home. If you do they will have a right to a copy of it and will get a free fishing trip.

The atty will probably say something like explain xyz. This is the gotcha. I would answer that sort of question with can you be more specific please. The will shift it back to the atty and narrow the question so you can come closer to answering with a yes or no.

Remember that anything you say will for certain be used against you. Every word you speak will be used to impeach you later testimony,

You are also allowed to take her deposition. This is needed because you can use it to impeach her testimony, such as the ownership of a lap top. You need to formulate a question list (for yourself to ask) and the importance of the question to your case first. In the case of the lap top. Possibly she does not own it ... may be her parents or something so their answer is skirting the question but technically accurate. You have to phrase the questions in a manner to close the back door.


Remember, this is not for you to "explain" your position. This is for the sole purpose of incriminating you and to get information to win their case.

 

[Noknowledge]

I went to the deposition today.

During the Deposition, I viewed the video that was placed on the web. My ex's lawyer provided me with documents with my IP address stating that I uploaded the Private video on a porn site. I viewed the tape for the first time and it was not the video that I have on hand. a little history about the case my ex and I made a few private movies, all except one stayed with me. 1 ended up on the web, it was the video that I did not have. would it be a good idea for me to give the video to them? Im afraid they may do something with it. What should I do from this point.

 

[las365]

What format were the original movies in? On a tape? A CD? A hard drive? (No puns there, y'all)

How were they divided when the two of you split up? How did you end up with one movie and who ended up with the others?

My ex's lawyer provided me with documents with my IP address stating that I uploaded the Private video on a porn site.

What sort of documentation was this? Where did it originate? Do they have an expert who will testify about IP addresses? Do you have a static IP address?

Is the porn site one that you and/or your exgf typically visited? Do you still go there? How did she learn that the movie had been uploaded to the site?

You need an expert to refute their proof that the upload came from you.

 

[Noknowledge]

The format is Hi8, It was in agreement between my ex and I, When the acts were recorded she would end up with the video, somehow the last video stayed with me. When the initial complaint came to me my ex said only one video was made, and that's the video was uploaded and she had never seen the video. during the deposition the video was played to me for the first time and the video was edited, none of the videos to my knowledge was edited. They issed a soupena (I hope spelled that correctly) to the ISp and the porn site. I've never heard of the site until this suit. They did not say they had an expert for the IP address. How can I get an expert to help me? Im representing myself.

 

[Rexlan]

Talk to you IT manager and see if this is your IP address or the network address. Something is fishy about this. The only IP address the site should see is that of the network and not your actual connection to the network connection. Your address is managed by the router and will be something like 192.168.xxxx

I don't know how the site does it but about the best they could do is obtain an IP address during the download. However, it would be difficult to establish whether or not that address was the one that actually uploaded the video or just an address they searched and found that had visited the site. You need to investigate how they log the stuff.

Additionally, just an IP address is not enough. My Address for example .... which of the 15 computers on the network did it. How about Microsoft .... which of those 5000 computers (people) did it. If you own the network then the reported IP address is probably yours. But if it is your work IP address then it could be anyone on the network, a hacker, or anyone with access to the network. Further if that network is not secure anyone outside and within range could access it. That happens routinely.

I don’t think they have a case and certainly not one they can prove.

 

[Noknowledge]

Thank you for the replies, Do you think I should turn the tape that I have with me over to her Lawyer? I really feel like I should if so when will I reveal this tape? In the initial complaint my ex told her Lawyers she only made one video and she never saw the tape. I know for a fact we made at least 5 or 6 and one tape was left with me. it was not the tape her lawyer played for me, the tape was also edited. Im Lost.

 

[Rexlan]

Giving them your tape serves no purpose for you. I would keep that and keep the knowledge to yourself for now. At trial, if it ever gets there, you can impeach her testimony with it by saying she has admitted there is only one tape and here it is. This is the only tape you are aware of and it is not the one she complains of. Therefore she must have made more without my knowledge and somehow it got posted.

You see how this works ... right? She claims there is one tape and you have it to prove it isn't the one posted. Now she must somehow prove you mad another without her knowledge or she will have to waffle out of her original statement. Either way I think you will win.

I also think you need to consult with an attorney as you are in a pretty good position to get a summary judgment for their failure to produce any evidence tying you to the post. You need to submit some interrogatories and an admission request, especially about the number or tapes. Don't ask here, go see an attorney and spend a couple hundred dollars ... it will pay you back well.

 

[Zigner]

Talk to you IT manager and see if this is your IP address or the network address. Something is fishy about this. The only IP address the site should see is that of the network and not your actual connection to the network connection. Your address is managed by the router and will be something like 192.168.xxxx

Interesting - this computer uses wifi and has a static IP address that is not in the private range.
Be careful with broad-brushing

 

[JustAPal00]

Is it illegal to put a homade video on the web? Pam Anderson? I've heard of several celebrities fighting to keep them off. If it was Illegal, then why would they even have to fight?