contempt of court

[bellestar]

What is the name of your state (only U.S. law)? FL

If a plantiff is being held in contempt of court for failure to cooperate with the defense attorney, is a letter explaining her actions an acceptable answer to the judge?

 

[JETX]

If a plantiff is being held in contempt of court for failure to cooperate with the defense attorney, is a letter explaining her actions an acceptable answer to the judge?

No one can answer that without full knowledge of the facts... and the letter. Best solution though is to comply with the court order.

 

[bellestar]

My friend was involved in a dating violence incident. She got a restraining order on the guy. She was issued a subpeona for a deposition by the defending attorney. She attended the deposition. While waiting for the deposition to start, the guy drove by the law office 3 times in 10 minutes while she was outside and then 2 more times while I was outside waiting for her.

She had to go to work so they ended the deposition for the day and rescheduled for monday at 2 (this was a friday) She had to work Monday at 3
She did not go to the continued deposition for 2 reasons.

1. she had to work
2. She was in fear for her safety because apparently the attorneys had informed the guy of her whereabouts.

She now has to go before the judge to show cause and risk being held in contempt of court.

She feels like a letter would better explain her actions then having to get up and stutter like the fool that she is.

Do you know if this would be accepted?

Also, I just found this in my research, could you tell me if maybe it applies to her situation?

Florida Rules of Civil Procedure
Rule 1.3101) A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not know, a general description sufficient to identify the person or the particular class or group to which the person belongs. If a subpoena duces tecum is to be served on the person to be examined, the designation of the materials to be produced under the subpoena shall be attached to or included in the notice.

for the second deposition she was not given a written notice so could that get her off the hook?

 

[CourtClerk]

for the second deposition she was not given a written notice so could that get her off the hook?

Uhhh no. She may have waived notice.

 

[bellestar]

How so? ( not that I doubt you at all, I'm just curious)

And is having to work or being afraid an excuse for not showing up?

 

[CourtClerk]

How so? ( not that I doubt you at all, I'm just curious)

The only people who are able to answer that question are those who were in the room and heard EXACTLY what was said. And I'm sure at this point, your "friend" and the attorneys on the other side have different accounts of what exactly was said.

And is having to work or being afraid an excuse for not showing up?

I had to go to work is not a good excuse... as for the other "excuse," JetX answered that already.

 

[CourtClerk]

And what kind of case is this anyway? Criminal or civil?

 

[bellestar]

Civil.

And the guy has since been arrested again for violating his RO.

Also, if the guy is a known stalker and abuser, does his attorney have any responsiblity to not let him know of the plantiff's whereabouts?

 

[CourtClerk]

Civil.

And the guy has since been arrested again for violating his RO.

Also, if the guy is a known stalker and abuser, does his attorney have any responsiblity to not let him know of the plantiff's whereabouts?

Tell your "friend" to ask her attorney

 

[bellestar]

Hypothetically speaking, what if the notice wasn't waived?

 

[CourtClerk]

Hypothetically speaking, what if the notice wasn't waived?

This board doesn't deal in hypotheticals. We don't have time for that. We also generally don't deal in uninvolved third parties and we have entertained you enough. Your "friend" should speak to her legal counsel regarding her legal problems. Their attorney is best to answer her questions specifically about her situation.

 

[bellestar]

Well if she had an attorney I wouldn't be asking these questions. She cannot afford one and they do not assign public defenders for plantiffs in civil cases.

Why can't you just answer the questions asked? Do you not know? Because if you did know it would take you just as much time to answer as it would to tell me you won't answer.

 

[bellestar]

OK, one more question and I promise I will never litter the board with hypotheticals and uninvolved 3rd parties again.

When she goes to court tomorrow, can she ask for an attorney to be provided to her in this contempt of court charge?

 

[Ohiogal]

Well if she had an attorney I wouldn't be asking these questions. She cannot afford one and they do not assign public defenders for plantiffs in civil cases.

Why can't you just answer the questions asked? Do you not know? Because if you did know it would take you just as much time to answer as it would to tell me you won't answer.

Look your attitude sucks. The answer is this -- since the first day of deposition was ended at HER convenience and upon her agreement to come back she waived notice. Her excuses are EXCUSES. She could end up in jail as that is one of the punishments for being in contempt. Her letter doesn't matter. The proper way is to file a motion. Now quite frankly teach your friend how to use a computer.

 

[Ohiogal]

OK, one more question and I promise I will never litter the board with hypotheticals and uninvolved 3rd parties again.

When she goes to court tomorrow, can she ask for an attorney to be provided to her in this contempt of court charge?

She can ask whatever her little heart desires. Whether it will be answered by the court is another story.