Few generic questions

[dylanh724]

Hi,

I live in Hawaii and I have just a few generic questions about a civil suit (defamation from facebook blog review of student housing; i'm defendant):

1) If I change my address, do I have to do anything legally official? So far, in my recent letter to their attorney, I put "note new address: xx". I don't have to file anything with the court, do I? It's already updated via USPS, drivers license, etc..

2) In a defamation case, does a letter of character from someone of prestige help my case? I ask this because in the complaint, they are making assumptions of why I posted the blog, "with intent to xx". In reality, it was just a blog because I lived there for a year and wanted others to know my experiences (http://tinyurl.com/ohiatruth short url link). I'm sure that assumptions can't be held in court, since they are not psychology professionals *guess*?

3) To present witness statements and such, I don't have to file a form with what evidence I have, do I (I see in the movies "exhibit A", etc)? Won't that spoil all my secrets/defense if the plaintiff can see it as well before even the court starts? I'm assuming no because the plaintiff did not include anything like that.. but I don't like to assume.

4) Can I add on more information to my complaint response/counterclaims?

5) How long does the Plaintiff have to actually get a court date before the case is thrown out? I was served almost 1 year ago, but nothing has happened (the media and other peers claim that they were just trying to intimidate me; that they'd avoid at all costs actually going to court -- they thought I would back down, I suppose). And if it's thrown out, does anything happen to my counter-claims, or do I get anything for my time/money wasted? Or do I just file my own suit if that happens (if I want to pursue)?

Thank you so much for the newbie advice! No matter how much research I've done, there's still so much I do not know.

Edit: PS -- It's okay if you only answer 1-2 of my questions if you don't know or don't have much time. Any input is appreciated

 

[tranquility]

1. Just make sure you notify the other side. Heck, serve it if you'd like.
2. I cannot see how a letter can be of any use to you. It is not admissible for any purpose you may need.
3. There are no "secrets" in trials. Everything should be known up front. You will probably have to disclose your witnesses as a duty and the other side will ask about them in discovery. If relevant, the other side may depose them. Their "statements" are not going to be admissible, so they are of no use to you other than knowing what they might probably say if they have to give an affidavit or otherwise be a witness.
4. I'd just stop. It's great you're outraged and all that, but you seem like you're going to get hammered on this from what you've written in the past. Adding causes of action without support are not going to help. But, if you can prove up the elements, go ahead.
5. You have as much a duty to further things along as they. If they lose from failure to prosecute, you do too.

 

[dylanh724]

1. Just make sure you notify the other side. Heck, serve it if you'd like.
2. I cannot see how a letter can be of any use to you. It is not admissible for any purpose you may need.
3. There are no "secrets" in trials. Everything should be known up front. You will probably have to disclose your witnesses as a duty and the other side will ask about them in discovery. If relevant, the other side may depose them. Their "statements" are not going to be admissible, so they are of no use to you other than knowing what they might probably say if they have to give an affidavit or otherwise be a witness.
4. I'd just stop. It's great you're outraged and all that, but you seem like you're going to get hammered on this from what you've written in the past. Adding causes of action without support are not going to help. But, if you can prove up the elements, go ahead.
5. You have as much a duty to further things along as they. If they lose from failure to prosecute, you do too.

ehh yea you are right; I won't pursue this further if I don't have to. Not fun spending so much time on this thing, but would be one less thing to worry about. So if I have written statements, I should google "duty witness template" or something? And depose = try to get rid of?

The statements backup some general statements such as ****roaches, black mold, and such. I have pictures of some, but something as generic as ****roaches I didn't take pictures of, but thought statements would help. And to backup my key story (charged me $255 for keys I didn't lose) -- my roommate moved out same time as I did and witnessed me handing the keys over. They also have no form saying I lost my keys, so they have no evidence on that as well.. anyway, just some statements to back myself up on top of pictures and documents, if they would be relevant for my case ..

"5. You have as much a duty to further things along as they. If they lose from failure to prosecute, you do too"

I have a question more about this -- so if they are suing me, and it's just civil, there isn't necessarily a time frame where it's just thrown out? At this point, I can't really do anything else but wait, I thought. When you say I lose from failure to prosecute, how long does this take before this happens? And what would happen to me? I don't want this thing to linger forever, but would be nice if they just gave up and forgot about it (that's why I asked about it being thrown out since it's been an extremely long time). The biggest thing the attorney pointed out was that they didn't actually say *what* specifics (or even generalization) they were actually defaming me for, so maybe they're nervous? They just said "my blog is defamatory" and that's as specific as they got in the complaint.


Thanks

 

[las365]

Notify the Court of your correct mailing address.

 

[tranquility]

Hearsay is an out of court statement offered for its truth. There is not a "duty witness template" or anything like it because the statement is not admissible.

Depose is to ask a person who is under oath questions.

You can move to have the case dismissed for failure to prosecute. Many court will review their caseload on occasion and deal with unfurthered cases.

 

[dylanh724]

Hearsay is an out of court statement offered for its truth. There is not a "duty witness template" or anything like it because the statement is not admissible.

Depose is to ask a person who is under oath questions.

You can move to have the case dismissed for failure to prosecute. Many court will review their caseload on occasion and deal with unfurthered cases.

Great!! How long before I can file to have the case dismissed for failure to prosecute? Do I determine the count based on when they gave me serving notice (that was about a year ago). Should I google "motion case dismissed failure to prosecute" ?

 

[dylanh724]

you think 8 months to 1 year is long enough?

 

[tranquility]

If you don't ask, you don't get. (In other words, it won't hurt to move for it.)

But, if that is the timeline where NOTHING has been done on the case to move it forward, I'm thinking such a motion would be successful.