Hello everyone! I am from the state of Arkansas. I will try to keep this as brief as possible but it's sort of complicated and I really could use some help.
1. I am a non-party, lay witness for a pro-se, prisoner in a civil suit against some state officials, who are represented by the Asst. Atty. General.
2. They (AG) served me with a subpoena direct (as allowed-not required to file with court) and gave me 5 days in which to provide "any and all" of every document a person could imagine over the past three years and commanded my attendance at a deposition that same day. (5 days later)
3. The subpoena was procedurally defaulted on several points under the FRCP and I immediately filed a Motion to Quash.
4.This motion was sent via certified mail 3 days before the scheduled deposition...it was received at the Atty. General's Office 1 day before the deposition, but not signed for, so notice was left. It was not formally delivered until the afternoon of my deposition. (After)
5. The motion was sent to the court via certified mail on the same day but was not received until the day of my deposition; again, it was not signed for and notice was left. It was file stamped around 9:30 am the day after my deposition.
6. Not having an actual ruling on my motion, and not wanting to be held in contempt of court, I went ahead and showed up at the deposition. While there, I also presented the Atty. General with a copy of my motion, the certified mail receipts, and attempted delivery notice on the day BEFORE the deposition. However, she refused to accept it or even read it because "it did not bear a file marked stamp."
7. The deposition began and the first words out of my mouth were "I'd like to make a statement on the record." I wanted to make note of the filing of motion, the fact that the plaintiff was not there, I had not had a chance to secure counsel or even begin to prepare, etc. (In fact, I had to take my 3 year old with me because I couldn't finad a babysitter in time!) She replied: "NO! This is MY deposition and you are here to answer MY questions."
8. Throughout the deposition I mentioned how things were irrelevant, I felt my rights were violated, or so on and asked to call the judge. She left a message with his clerk to call.
9. While we were waiting she presents me with a stack of documents never disclosed to the plaintiff in his discovery requests, and were the EXACT type of documents she asked for in her subpoena. Turns out she had photocopied my letters to and from the prisoner...photos of my home and family...stories of embarassing things or personal thoughts. (She admitted them as exhibits in front of me) She asked me if I still wanted to waste the judge's time. I was at a loss and said nevermind and we continued, despite many episodes of me crying and sobbing heavily all in front of my 3 year old.
10. I get home and check the online filing system and discover the prisoner had filed a Motion for Protective Order on the same issues, but his was actually file stamped on the day of the deposition.
11. As of today, neither have been ruled on. I DO NOT want all of my personal information tossed about and want the entire testimony thrown out and not allowed to become part of a court record. What is my next step?
This is in US District Court...can I file a Motion to Strike before it is even introduced to the court? Or a Motion to Suppress? Or Motion in Limine? Or?? All I know is I want this stopped now. I'm not sure what to properly "title" my motion and under what rules of federal procedure/evidence, etc. to move pursuant to. Any help would be GREATLY appreciated!!!!!!
Shannon in Arkansas
1. I am a non-party, lay witness for a pro-se, prisoner in a civil suit against some state officials, who are represented by the Asst. Atty. General.
2. They (AG) served me with a subpoena direct (as allowed-not required to file with court) and gave me 5 days in which to provide "any and all" of every document a person could imagine over the past three years and commanded my attendance at a deposition that same day. (5 days later)
3. The subpoena was procedurally defaulted on several points under the FRCP and I immediately filed a Motion to Quash.
4.This motion was sent via certified mail 3 days before the scheduled deposition...it was received at the Atty. General's Office 1 day before the deposition, but not signed for, so notice was left. It was not formally delivered until the afternoon of my deposition. (After)
5. The motion was sent to the court via certified mail on the same day but was not received until the day of my deposition; again, it was not signed for and notice was left. It was file stamped around 9:30 am the day after my deposition.
6. Not having an actual ruling on my motion, and not wanting to be held in contempt of court, I went ahead and showed up at the deposition. While there, I also presented the Atty. General with a copy of my motion, the certified mail receipts, and attempted delivery notice on the day BEFORE the deposition. However, she refused to accept it or even read it because "it did not bear a file marked stamp."
7. The deposition began and the first words out of my mouth were "I'd like to make a statement on the record." I wanted to make note of the filing of motion, the fact that the plaintiff was not there, I had not had a chance to secure counsel or even begin to prepare, etc. (In fact, I had to take my 3 year old with me because I couldn't finad a babysitter in time!) She replied: "NO! This is MY deposition and you are here to answer MY questions."
8. Throughout the deposition I mentioned how things were irrelevant, I felt my rights were violated, or so on and asked to call the judge. She left a message with his clerk to call.
9. While we were waiting she presents me with a stack of documents never disclosed to the plaintiff in his discovery requests, and were the EXACT type of documents she asked for in her subpoena. Turns out she had photocopied my letters to and from the prisoner...photos of my home and family...stories of embarassing things or personal thoughts. (She admitted them as exhibits in front of me) She asked me if I still wanted to waste the judge's time. I was at a loss and said nevermind and we continued, despite many episodes of me crying and sobbing heavily all in front of my 3 year old.
10. I get home and check the online filing system and discover the prisoner had filed a Motion for Protective Order on the same issues, but his was actually file stamped on the day of the deposition.
11. As of today, neither have been ruled on. I DO NOT want all of my personal information tossed about and want the entire testimony thrown out and not allowed to become part of a court record. What is my next step?
This is in US District Court...can I file a Motion to Strike before it is even introduced to the court? Or a Motion to Suppress? Or Motion in Limine? Or?? All I know is I want this stopped now. I'm not sure what to properly "title" my motion and under what rules of federal procedure/evidence, etc. to move pursuant to. Any help would be GREATLY appreciated!!!!!!
Shannon in Arkansas