Thursday, January 12, 2012

Hawaii Attorney General Seeks to Sanction and Label Orly Taitz Vexatious Litigant in Hawaii

- Hawaii Governor Abercrombie and Hawaii AG Louie -

Hawaii Attorney General Seeks to Sanction and Label Orly Taitz Vexatious Litigant in Hawaii Banning Taitz from Filing Future Cases in Hawaii

Hawaii Attorney General files opposition to Taitz's motion for reciprocal subpoena enforcement and also seeks sanctions against Taitz including labeling Taitz a vexatious litigant in Hawaii which means Taitz would be prohibited from filing future lawsuits in Hawaii related to Obama's (non-existent)records without first obtaining leave of Court. The opposition motion also argues why the GA subpoena is not valid in the State of Hawaii, as we already raised and pointed out here. The GA subpoena per OSAH rules is only valid in GA. The Hawaii Attorney General also claims the subpoena was not properly served upon the parties involved.

Read the full Memorandum in Opposition to Plaintiff's Motion Reciprocal Subpoena Enforcement here. Previous reports here.

ARTICLE II ELIGIBILITY FACTS HERE: http://www.art2superpac.com/issues.html
Taitz v. Fuddy - Memorandum in Opposition to Plaintiff's Motion Reciprocal Subpoena Enforcement - 1/12/2012

19 Dec 2011: Wash Times Ad - Obama SSN Fails E-Verify System - Support New Article II Super PAC Org

70 comments:

Anonymous said...[Reply]

FINALLY!!!!

Anonymous said...[Reply]

Taitz, should have heeded to this WARNING!
by Nagamine.
"If you persist in your frivolous filings, we will seek all sanctions legally available."

California birther/dualer/doubter said...[Reply]

Pearl Harbor is going to be child's play when the day comes for the birthers to show Hawaii that we do not take kindly to the Constitution being screwed with or them yanking our chains with this kind of cowardly and criminal shit.

Anonymous said...[Reply]

Well we still have Sheriff Joe SCUMBOTS
He won't be stopped no way no how.
Go Sheriff Joe. My hero.
I hope we have to build more prisons to hold all
you assholes, lol

Anonymous said...[Reply]

Of course, we birthers who already knew this was coming, and produced quite a thread the other day trying to explain that Orly is the worst lawyer on the planet, that she will never win anything, and that we are embarrassed that she is even associated with us (let alone the "face" of our movement to many)--are not commies, and we're not turning on Orly because she's getting close to having the truth revealed. Any Orlyholic out there needs to realize that she is a complete buffoon. She's an idiot. She does not understand the law or legal procedure!

I want the illegal usurper out just as badly as the next person, but it's not going to happen at the hand of Orly. In fact, nothing good for our cause is going to happen at the hand of Orly. Orly produces nothing but negative for our cause because she is a fool. A self-aggrandizing, money-grubbing fool. I don't think we'll ever know if we would have had a chance at getting the ineligible usurper removed if Orly had just stuck with being a mediocre dentist, and left the lawyering to folks with half a brain and normal eyelashes.

As you can read in the AG's motion here, Orly's going to get hit pretty hard by HI--and why? Look at how much is written about the legal problems with her supposed "judge-issued" subpoenas from GA! Of course, when we discussed that the other day, and explained that Orly was lying about having "judge-ordered" subpoenas, we were likened to traitors (because we dared say anything negative about Orly).

Our cause would have a much better chance if California would just go ahead and disbar Orly now instead of waiting for whenever they eventually disbar her.

Fathertime said...[Reply]

I have seen Orly not doted all he I’s and cross her T’s but courts have let cases in the pass to be heard but when it comes to Obama not one court will hear a case and not for only Orly but many others.

Last I read 75% of the public think something is wrong with Obama and 66% don’t believe his birth story and 49% don’t believe he is legally holding the office.

When the last resort to take a fight shut its door (courts) and will not listen to the two sides and make a ruling the people feel betray. When the numbers of one’s feel betray grow large enough the fight will be taken to the streets. We have seen this many times in the last few years in other countries.

The courts can slam the door on the birthers but all this will do will force the fight to the streets. King George did not listen and look what happen.

Anonymous said...[Reply]

@California birther/dualer/doubter

Empty threat, tough guy. Will a 0 and 93 record the birthers are going backwards thanks to Orly.

bobsbox said...[Reply]

HAWAII CORRUPT POLITICOS SNAPS! THEY ARE SCARED OF THE TRUTH!

Anonymous said...[Reply]

The Taitz's reply:

http://www.orlytaitzesq.com/?p=30283

Un-fricken-believable! Fellow birthers, we all need to unite against this lying sack of shit! Orly (the idiot) still does not understand that we know she is lying--so she continues to lie about her worthless subpoenas, and continues to implicate a GA judge in her immoral conduct. She blathers, "She completely disregarded the fact, that judge Malihi ordered Obama to stand trial on January 26 and prove his eligibility."

I am so sick of this woman's lies! We need to publicly censure her so that the Obots can't continue to throw this idiot in our faces!

Anonymous said...[Reply]

I say BJ

Anonymous said...[Reply]

It would be so easy to release the birth certificate if it existed. Think of the time and tax payer money spent to prevent what every citizen needs to show for any official purpose. The State of Hawaii must be corrupt from top to bottom to continue this fraud. I for one won't be spending any more of my vacation dollars there....

Anonymous said...[Reply]

Swindlers Barry & Michelle while in Hawaii on their mega-buck vacation on our dime mind you assuredly laid the law down that that this con scheme will continue . . .

Commykiller said...[Reply]

-Taitz, should have heeded to this WARNING!
by Nagamine.
"If you persist in your frivolous filings, we will seek all sanctions legally available."

Yeah, she should have PUSSIED out. I'ts kind of hard to do when you are CONSTITUTIONAL PATRIOT with BRASS BALLS..!

Something YOU'LL never have to worry about...

Commykiller said...[Reply]

-Vexatious Litigant

Well, not to sure what VEXATIOUS means, but if it means she's a TENATIOUS VIXEN that WON'T TAKE NO FOR AN ANSWER then they got that right. AND we'll take it as a compliment...

Anonymous said...[Reply]

I am sensing something to do with a rear end and a silver platter.

Sovereign Soul said...[Reply]

I would like to see the word "indivisable" removed from our Pledge of Allegiance. States that violate the National Constitution should loose their Statehood; and, States that find themselves objects of federal persecution by UNconstitutional agression -- like Arizona, now being sued by the Executive Branch, should be able to separate themselves FROM the Union.

That would mean that all Federal troops would have to leave the State and the States National Guard would have to return to within its borders.

Hang in there Orly. Those who hide behind the Anonymous label -- not even using a personalized "screen name" or "monicker" are most likely employed by the Fifth Column which ARE our nation's "enemy within."

Anonymous said...[Reply]

Looks like the fix is in.

I Tell it Like it is said...[Reply]

We are getting to the Obots and Commies (really no difference between the two). The king has no clothes.

Anonymous said...[Reply]

Those that have eyes will see...

Those that have ears will hear...

The Commie AG is using these cowardly tactics because he knows that if the HDOH were forced to comply with Orly's subpoena that they would not be able to produce a shred of evidence to back up their fraudulent claims.

People of his ilk shound be behind bars and he knows it.

Shame of you HI!

The whole world is watching!

Anonymous said...[Reply]

Orly is the WORST lawyer in the world.

But wait, no lawyer could be that bad. She HAS to be an Obot - nothing else makes any sense.

Anonymous said...[Reply]

Nothing proves more clearly how much corruption exists when Abercrombie himself admitted he couldn't find any document then obstructs a process that WOULD.If things were on the level, he would just stand aside and let JUSTICE take it's course.

Anonymous said...[Reply]

The illegal marxist renegade junta strikes again...

Anonymous said...[Reply]

It pains me that our court system is covering up,
at all costs, what should be a very simple
procedure.
Question...WHY not, show the microfisch
birth certificate files, to the US citizens?
If so, the birth issue would be instantly over.
Avoidance, for over four years, equals obvious guilt.
I'm very disappointed this corruption exists.

Anonymous said...[Reply]

My my...the fear of the truth becoming "transparent" is now palpable....and quite obvious. Why all the trouble and "vexation" being demonstrated by HI officials? Huh? Why don't they REALLY say the now obvious: that NO ONE will be permitted to bring such meddlesome questions before the court and stop using only Orly for their own personal whipping girl? Cowards! By what they keep hidden is what they are proving to the public doesn't exist. Shame on the little cowards and liars there.

Anonymous said...[Reply]

The judge who signed the subpoena knows exactly what to do about the Hawaii response to the court order, which WILL make it valid in Hawaii,and if anybody tries to contravent the order,he/she could end up in the Hawaii SLAMMER.

RS said...[Reply]

We may not all agree with the way Taitz has proceeded, but we all know Hawaii stinks bad of corruption.

Anonymous said...[Reply]

@California birther/dualer/doubter
Who's going to do that? The US Supreme Court, led by the guy who swore Obama in and contains Obama's two appointees?
The House of Representatives? Led by the guy who plays golf with Obama and declares "the state of Hawaii has said he was born there, that's good enough for me."
The US Senate were it takes 60 votes to stop a filibuster and there are only 43 Republicans, some of whom are Obama-loving RINOs?
Good luck!

bn said...[Reply]

Remember when Obama made a fool out of Trump at a White House Press dinner right after the "long form birth certificate" was released? That was all part of the show to throw you off the scent that Trump was in on the gig. Likewise with this gesture by Hawaii. It's becoming obvious Taitz is an Obama plant paid to screw up the legal proceedings so nothing ever reaches a court. Her cover is being blown, as no one could be so stupid...they need a re-enforcer for the doubters.

And keep in mind how shrewd a move Obama made with Trump. Corsi's book hit #1 on Amazon.com a month before it was released. Trump takes credit to great media attention, and seemingly accepts the long form as legitimate. Had it not been for Trump, every bookstore in America would have the book sitting on the shelves for months - just like Corsi's other book "Unfit for Command", and the Swiftboats story that singlehandedly took out John Kerry. That book would have No. #1 in the land in the bookstores too, Fox would have had no choice but to have Corsi on every night. The publicity we seek would have happened. And Obama would have been sunk.

Communists go to school to learn how to manipulate the public. Every move Obama is making has been planned for years. And alternate plans for every predictable outcome are also planned. People don’t seem to understand we are dealing with master criminals here.
And if you think that Obama didn't think his eligibility would be challenged in court and he didn't do everything possible to swing it to his advantage - you are naive.

Anonymous said...[Reply]

How dare you call Lady Liberty a plant? I think you are the Obot.

She is taking Soetero to trial on the 26th and this national nightmare will be over.

Stop letting Obots like bn post here.

Moderator said...[Reply]

[ She is taking Soetero to trial on the 26th ]

Obama won't be anywhere near GA on the 26th. His private attorney will. It is not a trial it is an administrative hearing.

Anonymous said...[Reply]

Holy Crap!!! How are there people stupid enough to still believe that Orly had any subpoenas signed by a judge? Unbelievable! MORONS--and this is coming from a died-in-the-wool birther!!!

TheEuropean said...[Reply]

@Anonymous

@ anon 7:43

So you really want to see a very small fish ? Go to your local zoo.

Sincerely

The European

Anonymous said...[Reply]

Lady Liberty said she is taking Soetero to trial on the 26th. Why are you calling her a liar?

And why are you letting Obots post?

What is the real agenda here?

Anonymous said...[Reply]

ORYR - Thank you for breaking ranks and publishing that letter from the Georgia citizen earlier this week. It couldn't have been easy to publish it but I wanted to say thanks just the same.

If people haven't read the above motion it's an eye opener. What is disconcerting is the letter from Deputy AG Nagamine sent to Taitz on 12/23 where she made it abundantly clear the subpoena carried no authority in Hawaii and Fuddy was advised not to comply. Does anybody know if Nagamine's letter was published anywhere?

What is disturbing now is the 20+ administrative subpoena's Taitz has issued to appear in Georgia on the 26th. One of those was issued to somebody in Jakarta, Indonesia. What is a person to do?

Thanks again ORYR for sticking to the facts of these cases and a huge thanks to the Georgia citizen who wrote and sent you that letter.

Anonymous said...[Reply]

"Anonymous said...[Reply]

The judge who signed the subpoena knows exactly what to do about the Hawaii response to the court order, which WILL make it valid in Hawaii,and if anybody tries to contravent the order,he/she could end up in the Hawaii SLAMMER."

Yes, he'll know exactly what to do with it. He'll know Orly abused legal process. Even if the GA court took up the issue and and the proper legal procedures were followed from GA to HI, without a court order from HI it will not be honored, as what it's asking violates HI law.

And in addition, her request for reciprocal enforcement was denied in a hearing today in HI.

Anonymous said...[Reply]

If BHO wants to be on the ballot in GA

long arm doctrine covers the BS - the GA judge controls the ballot in GA there are 51 elections this years with 51 local jurisdictions under state control NOT Fed control

In United States jurisprudence, long arm jurisdiction is a statutory grant of jurisdiction to local courts over foreign ("foreign" meaning out-of-state) defendants. A state's ability to confer jurisdiction is limited by the Constitution. This jurisdiction permits a court to hear a case against a defendant and enter a binding judgment against a defendant residing outside the state's jurisdiction. That is, without a long arm statute, a state's court may not have personal jurisdiction over a particular defendant.

Generally, the authority of a court to exercise long arm jurisdiction must be based upon some action of the defendant which subjects him or her to the jurisdiction of the court. In the United States, some states long arm statutes refer to specific acts, for example torts or contract cases, which a court may entertain. Other states, like California, broadly grant jurisdiction "on any basis not inconsistent with the Constitution of this state or the United States."

The use of a long arm statute is usually constitutional where the defendant has certain minimum contacts with the forum state and there has been reasonable notice of the action against him or her.

Since the 1960s, several states have enacted one of the two types of long arm statutes:(a) the first type enumerates fact situations that submit an individual/corporation to the forum's jurisdiction; (b) the second type extends the forum's jurisdiction to the extent of the constitutional limitations (of the 14th am.)

Anonymous said...[Reply]

"Anonymous said...[Reply]

Lady Liberty said she is taking Soetero to trial on the 26th. Why are you calling her a liar?"

Very simply, because she is lying. She lies a lot. She's lying about the subpoenas, she'll lie about her hearing that was denied today in HI regarding the enforcement of same, just as she has about all the others.

Moderator said...[Reply]

@Anonymous

[ Why are you calling her a liar? ]

Where have we called her a liar?

That said, it is not a trial it is a hearing and Obama will not be there. That is the truth of the matter.

Obots have always been free to post here. It shows their true colors and tactics. Obfuscations and Alinsky tactics.

The real agenda here is the same as it has always been. To expose Obama's ineligibility and to provide the public with updates on the ongoing legal cases related to Obama's eligibility.

Counter their arguments. Easy enough to do.

Anonymous said...[Reply]

May I remind those who are not officers of the court that an attorney may sign a subpoena as an officer of the court if admitted to practice in the venue and it is not necessary for a Judge's signature.

http://www.ehow.com/how_8494911_serve-civil-subpoena.html

Anonymous said...[Reply]

"Commykiller said...[Reply]

-Vexatious Litigant

Well, not to sure what VEXATIOUS means, but if it means she's a TENATIOUS VIXEN that WON'T TAKE NO FOR AN ANSWER then they got that right. AND we'll take it as a compliment..."

I'm sure you don't but I can assure it means nothing along the lines of what you state it means.

Anonymous said...[Reply]

I am a proud birther--have been since 2008. Orly belongs in a mental institution--she is an absolute moron! If she isn't a plant, then the powers-that-be missed a perfect opportunity, because there couldn't be a better way for us to lose than to have that idiot handling cases for us. If you support her, then your mental capacities should be questioned as well, because you are obviously blind to the truth.

Anonymous said...[Reply]

@bn,

so true, so true...it is frightening.

Anonymous said...[Reply]

Hurry up Sheriff Joe
I'm tired of these Scumbots

Anonymous said...[Reply]

You need to stop all these obots posting here. They make me throw up in my mouth.

A Real Lawyer said...[Reply]

Orly got her ass kicked out of court today. Alas, all your claims that the Georgia subpoena is valid and enforceable in Hawaii are shown to be wrong.

Just like we real lawyers tried to tell you.

Moderator said...[Reply]

Hawaii Judge Dismissed Attorney Taitz's Subpoena Enforcement: Hawaii Moves Forward With Sanctions And Banning Taitz From Filing Future Cases

http://obamareleaseyourrecords.blogspot.com/2012/01/hawaii-judge-dismissed-attorney-taitzs.html

Fathertime said...[Reply]

I love Lady Liberty because I know of no one who gets under the skin of the Obots more than Orly.

Orly has keep things interesting, like no other Lawyer and then listening to the armchair Obots Lawyers tell us how she should have made the play and what she done wrong.

I have always liked the underdog going after the Bigdog story. Orly might get a hard hit in on Obama but I never counted on it, but you can always hope.

If that had happen…..Now that would have been something wouldn’t it!

Anonymous said...[Reply]

You Orlyholics need to stop calling those who speak the truth about the raging lunatic Orly Obots. Some of us are faithful birthers who have worked tirelessly to have the truth about the usurper known and adjudicated. It is an insult for you idiots to call us Obots (and yes, I can call you idiots because of your blind loyalty to the one person who has done the most to hurt our cause--Orly.

Anonymous said...[Reply]

@RS
No other state court has ruled any differently than the Hawaii courts and there have been eligibility lawsuits in more than half the states.

Anonymous said...[Reply]

It's time for Orly to pass the torch to a seasoned litigator.

She was told to share the stage with a colleague to save $$$ & strategy, but she wants the full credit, hoping this will propel her to the US Senate.

Unless she detests it, she should go back to dentistry. You can't wear two hats.
a lawyer is a full time job.

If she wants to compete with the big boys, she better get a job with a law firm, be a gopher runner to court, & learn the rules of civil court procedure.

She has not prepared adequately for application for admission in out of state courts (pro hac vicie).

The Verdict: Orly should resign from her self-imposed pedestal.

AR925 said...[Reply]

Like I've said before HI is corrupt beyond comprehension to us conservatives and proud birthers. I think we can all see that. As for Orly, well I have my own beliefs which I will keep to myself for now. Cheer on Obots, while you can. Your day is coming and SOON.

Anonymous said...[Reply]

"Anonymous said...[Reply]

How dare you call Lady Liberty a plant? I think you are the Obot."

No, Orly is not a plant. That's a silly argument.

She is an utterly incompetent attorney, however. Of that's there can be absolutely no doubt.

Anonymous said...[Reply]

Why is Orly seeking Obama's BC in Hawaii? Number one, I thought we'd moved past the BC and on to Minor v Happersett's definition of NBC? Number two, shouldn't Judge Malihi's subpoena require Obama to bring his BC to court? Isn't it the court's job to determine if the BC that Obama offers is real? If not, can't he be sanctioned? So why not let Obama bring his BC to court?

Anonymous said...[Reply]

"shouldn't Judge Malihi's subpoena require Obama to bring his BC to court?"

No, because, according to the rules of O.S.A.H. the subpoenas are only valid within the State of Georgia. He didn't even issue those subpoenas.

Anonymous said...[Reply]

So you're saying Obama won't be in court on 01/26? Can't Orly serve him with the subpoena if he campaigns in GA?

Commykiller said...[Reply]

Amazing, Obots and Birthers celebrating together as Orly falls. All these "TRUE BIRTHERS" could'nt be any happier with the courts decision. Glad to see you all agree.

Don't worry it does'nt mean that you're an INGRATE COMMIE RAT BASTARD or anything. It's OK to side with the SATANIC MUSLIM ASS LICKERS every now and then. Congratulations on your great victory at seeing Orly tied to the whipping post.

Tomorow they'll burn her at the stake. I'm sure you'll all want front row seats. All your friends will be there...

Now that Orly, who FIGHTS IN THE OPEN is out of your way, All you BRAVE TRUE BIRTHERS that hide under anonimity because you don't even have the BALLS to post under a FREAKING HANDLE can PICK UP THE FLAG.

Of course you would have done this sooner but Orly was holding you back.

Enjoy your celebrations you FU%&ING COWARDS..!

"From fallen tree, all make firewood"

All that cut down Orly are shit, AND part of the problem.

RS said...[Reply]

@Anonymous

No other state court has ruled any differently than the Hawaii courts and there have been eligibility lawsuits in more than half the states.

No bozo FogBlower, I'm talking about not only are the Hawaiian courts sticking their heads in the sand, I'm talking about the executive branch of state government headed by Communist and BS artist Neil Abercrombie and his lackeys in the DoH who do not follow the legal and intent and meaning of their own laws or regulations.

Anonymous said...[Reply]

@Anonymous @ 2:24

Long arm statutes have squat to do with subpoenas.

Anonymous said...[Reply]

@Anonymous @ 2:31

"May I remind those who are not officers of the court that an attorney may sign a subpoena as an officer of the court if admitted to practice in the venue and it is not necessary for a Judge's signature."

Uh, not in all courts. Only where the local rules permit it.

Anonymous said...[Reply]

Orly whines on her site that she cited two statutes that the judge ignored. Not quite.

Taitz ignored the procedure in the relevant statute -- it required her to get a COMMISSION from a Georgia COURT and then file a separate lawsuit in Hawaii and seek to have a Hawaiian court issue a SUBPENA.

Instead, Taitz took an on line subpena from a Georgia administrative hearing office (not a court) and tried to get IT enforced in Hawaii in a case that was on a different issue.

A complete foul up of procedures. Because Taitz doesn't know what she is doing. And when Taitz fails 9and she ALWAYS will) she blames it on corruption in the courts.

Taitz's failure to understand or follow the law is not corruption in the courts. It's Taitz failing to understand and follow the law.

What do you expect?

I ask, once again: Is Taitz working for Obama? Looks like it to me.

Anonymous said...[Reply]

why are people saying there are no subpeona's signed by the Georgia Judge?? I see them plain as day.

Anonymous said...[Reply]

Let me get this straight: Commykiller states that posting under "Anonymous" is cowardly, and the brave thing to do is to post under a handle? This moron is pure genius! No wonder the world laughs at us birthers. The third grade must have been a real hurdle for this guy.

Anonymous said...[Reply]

Next stop COMMUNISM you friggin obat bastards.
Hope you enjoy being just like North Korea,
you dumbass mfer's.

fantastiq1 said...[Reply]

@Anonymous

Dear Mr. or "Mizz" Anonymous,

It is difficult to find you credible when you post as "Anonymous." If, as you claim, you are a "faithful birther" who has "worked tirelessly to have the truth" known then have the integrity to post your name.

As to the term "birther," I prefer that we call ourselves "Patriotic Constitutionalists."

www.wheresobamasbirthcertificate.com said...[Reply]

Let me get this straight. After all the hard work, critisism, negative comments and this is all the thanks that are given. I have been here since the begining and have supported Orly and this site and read all the postings in anticipation of the breaking news and this is what I have to look forward to here. This is total crap.

Anonymous said...[Reply]

@11:09

What is it about downloaded, pre-signed forms that you don't understand? Unless proper procedure is followed, the "subpoenas" are worthless. Proper procedure was not followed. You do the math. Orly is lying when she calls the subpoenas "judge-issued." I guess that makes Orly a liar, and those who blindly support her--fools.

P.S. I am neither an Obot nor a Commie, just a constitutionalist who sees Orly for what she is (and isn't).

Anonymous said...[Reply]

> then have the integrity to post your name

That's funny coming from "fantastiq1". Is that your legal name?

I'm enraged. Either all this in-fighting is being instigated by Obots, or it is a sign how little we care about the truth and how much we care about egos or "who is the right leader". Either way, it's a crying shame.

--
Joseph Landon Sr., Austin, TX

Anonymous said...[Reply]

PART 1

THE PROPER USE OF SUBPOENAS

Witnesses residing outside the State of Georgia cannot be compelled by the Georgia courts to
attend or testify in any civil trials, hearings, or depositions within the state. Most states, however, have allowed for cooperation in compelling witnesses to appear for depositions within the foreign state to offer testimony to be used in Georgia cases. When seeking to depose an out-of-state witness, the safest course of action is to associate counsel in that state. At a minimum, one should specifically research the procedure adopted by the foreign state and county as to methods of issuing a subpoena for an out-of-state case. The Georgia attorney should first present a Motion for a Commission to the Georgia court in which the case is pending. The Motion and Order can usually be presented ex parte. Upon filing of the Order, the Clerk of Court will issue a commission. In preparing the commission, it is a good idea to include a signed copy of the Order as an Exhibit to such commission. The commission is directed to the clerk of the court in the state where the deposition is to take place.

The commission is then sent to the clerk of court of the site of the deposition. That court then issues a subpoena which can be served in accordance with the laws of that state. In states where the Uniform Foreign Depositions Act has been adopted, and in many states which operate under similar procedures, no new case needs to be opened and the Georgia case number and style will be used. Other states require that a new case be commenced within that state. The court reporter should be scheduled before presenting the Motion for Commission as the name of the reporter, the date, and time of the deposition are often required to be shown on the face of the commission.(#)

i. Subpoenas and notices of depositions.

Anonymous said...[Reply]

PART 2

THE PROPER USE OF SUBPOENAS

i. Subpoenas and notices of depositions.

Unlike the other forms of compelling testimony or production, deposition subpoenas and notices are addressed in both the Civil Practice Act and the Evidence Code. A person upon whom a
subpoena for deposition is directed may, within 10 days after the service thereof, or on or before the time specified in the subpoena for compliance if such time is less than ten days after service, serve upon the promulgating attorney, written objections to the inspection or copying of any or all of the designated materials. O.C.G.A. §9-11-45(a)(2). Upon such objections, the party making the objections is excused from producing the materials except pursuant to a court order. Id. Such a court order may be obtained if the party seeking the documents can demonstrate to the court at any time prior to or during the taking of the deposition the reasons why the documents should be produced. Id. Also, pursuant to O.C.G.A. §9-11-45(b), a person can only be compelled to give deposition testimony:

1) in the county in which he resides, is employed or transacts his usual business;

2) in any county in which he is personally served with subpoena while therein, or

3) in any place which is not more than 30 miles from the county seat of the county wherein the witness resides, is employed or transacts his business in person.

Upon proper motion, the court may issue a protective order limiting the scope of document production at a deposition or it may quash the entire subpoena if the witness can demonstrate that a protective order is necessary under the terms specified in O.C.G.A.
§9-11-26(c).

ii. Subpoenas for trial or hearing testimony.

Even if a subpoena is properly served and proper fees are tendered, the court, upon written motion made at or before the time specified for testimony may quash or modify the subpoena if it is unreasonable and oppressive.

O.C.G.A. §24-10-22(b)(1). The burden to prove that the subpoena is unreasonable lies with the party seeking to quash it. Morris v. State, 246 Ga. 510, 272 S.E.2d 254 (1980).

iii Subpoena duces tecum and notices to produce.

http://www.dmqlaw.com/articles/HowtoEnsure.pdf

Anonymous said...[Reply]

OF SUBPOENAS, TRIALS, AND A VEXATIOUS LITIGANT

Posted by: Dean C. Haskins
Posted: January 19, 2012
© 2012 The Birther Summit

http://www.birthersummit.org/news/74-of-subpoenas-trials-and-a-vexatious-litigant.html

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