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Friday, December 14, 2007

DEPOS?

If some early bird can give us an update on the 7:15 hearing before Judge David Miller (sponsored by Starbucks!) on the court reporter case, we would appreciate it.

The comments on the court reporter case have mostly been about the viability of depositions.

Here is what we wrote:

The States that don't have depos, have preliminary hearings. A Preliminary hearing would be easier for defense attorneys because we wouldn't spend two months fighting to get the cops to show up. The Court and the Prosecutor would do all the work.

If you do away with depos, you are adding a layer of bureaucracy- a Judge, a court reporter, a courtroom, a bailiff, a clerk- to the discovery process. Not to mention the support staff from the prosecutors office to get it all lined up. It doesn't sound cheaper to us.

Mr. Abe Laeser wrote in to support the veiw that depositions assist prosecutors in evaluating their case. Former Justice Kogan of the Florida Supreme Court (who was a former prosecutor and trial Judge in Miami Dade) wrote as a Supreme Court Justice of the benefits Mr. Laeser mentions to prosecutors in evaluating their case through the deposition process.

So, whither depositions?

6 comments:

wanna be captain said...

JNC recommendations for the impending county court vacancy of Judge Bach:

Yvonne Colodny
Migna Sanchez-Llorens
David Peckins
Lisa Walsh
Thomas Rebull
Rodney Smith

Crist has 60 days to make the appointment

Anonymous said...

To all lawyers: From: Court reporters union. If you do away with depos you will put out of business dozens of women, many single mothers, who need the job. You know as a group we are a quiet, physically unattractive bunch who despise lawyers and are not good with people, hence our attraction to a profession where we type and listen and don't talk. We lack social skills. to put us out of work will require many of us to return to work as strippers-another profession where you need no people skills and can be late with impunity.

Annie Oakley said...

Today's emergency hearing before Judge David Miller went well for the Plaintiff, GNPV, Inc. The JAC's motion for change of venue was denied, as was their motion to dismiss.

Judge Miller commented that he sees the potential for various constitutional rights violations should the JAC be allowed to continue deciding who will get paid directly and when.

The most important issue of how the JAC's termination of GNPV's vendor contract interferes with GNPV's other contract to cover six felony courtrooms will be litigated later before Judge Miller, since the motion for change of venue was denied.

Anonymous said...

I know a bunch of court reporters who are in fact attractive.

Speak for yourself!

Anonymous said...

sounds like the Roni.

Anonymous said...

Depos should definitely be abolished and i dont know what laeser was smoking when he said that to the bar. as a former asa, i have always respectd his judgment but he is way off here.

preliminary hearings would be much better. defense would get some limited discovery similar to a depo of the lead if they were set up to allow hearsay. the state and defense would work out all the bs cases that now get worked out at arraignment anyway by filing information and waiving APH's. and best of all there would no longer be the nonsense excuses for delaying cases as we hear in dade court all day like a PD needs a contiunance because they havent deposed this officer whose role is fully set out in a report. ASA's continue cases becuase they havent gotten a chance to depo merry haber who will be offering the same bullshit canned opinion that is fully set out in a report that she has cut and pasted for the last 10 years.

delay is the worst problem in the court system and doing away with depos, having aph's and open file discovery would be just fine. most defense attorneys know this vut wont admit that delay for delays sake has become a tactic and that is just wrong. most lawyers delay cases not because they need more time but because they know that the longer a case sits it is more likely to fall apart. most states do this and it works just fine.