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Anonymous #1

Being Sued, Examination of Discovery
    #11862307 - 01/19/10 08:45 PM (14 years, 3 months ago)

I'm posting this anonymously incase it comes back to haunt me by the plaintiffs.

I am being sued in civil court for a car accident caused by the other party. The plaintiff was making a left hand turn at an intersection and smashed into me in a yellow light.

My question is, how can they expect me to voluntarily divulge information that can be used against me? What happens if i go to the examination of discovery and refuse to answer any questions, since if they are the ones suing me, so the burden of proof is on them?

I am in Canada.

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Anonymous #2

Re: Being Sued, Examination of Discovery [Re: Anonymous #1]
    #11863692 - 01/20/10 12:53 AM (14 years, 3 months ago)

That is why you don't voluntarily divulge any information. I'd get a lawyer too.

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OfflineHeffy
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Re: Being Sued, Examination of Discovery [Re: Anonymous #2]
    #11869685 - 01/20/10 11:06 PM (14 years, 3 months ago)

If they are suing you, and have no proof, say absolutely nothing.
They can expect you to do it, because people do all the time.
If you stand mute(refuse to answer questions), they will be forced to provide evidence.
If they have none, the case will be withdrawn.

I have beaten criminal charges with no lawyer twice. Both times it took me about 10 hours of work, which the lawyer I consulted would have charged $1500 for.

It is prudent to hire a lawyer if it is a serious matter, but frankly I think lawyers are over payed and do a suspiciously small amount of work.


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I am the king of Rome, and above grammar! - Emperor Sigismund

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Anonymous #1

Re: Being Sued, Examination of Discovery [Re: Heffy]
    #11873984 - 01/21/10 05:17 PM (14 years, 3 months ago)

Quote:

Heffy said:
If they are suing you, and have no proof, say absolutely nothing.
They can expect you to do it, because people do all the time.
If you stand mute(refuse to answer questions), they will be forced to provide evidence.
If they have none, the case will be withdrawn.

I have beaten criminal charges with no lawyer twice. Both times it took me about 10 hours of work, which the lawyer I consulted would have charged $1500 for.

It is prudent to hire a lawyer if it is a serious matter, but frankly I think lawyers are over payed and do a suspiciously small amount of work.




This was my initial plan. However, i have heard that silence in the eyes of the court equates to guilt. There's a term for it. The only reason why i'm showing up to this thing is to avoid a 'contempt of court' charge. It is so obvious that they are trying to scare me into cooperating.

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Offlineallreadyused
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Registered: 09/10/07
Posts: 480
Loc: Trailer Park, Nova Scotia
Last seen: 8 years, 4 months
Re: Being Sued, Examination of Discovery [Re: Anonymous #1]
    #11874468 - 01/21/10 06:16 PM (14 years, 3 months ago)

Quote:

Anonymous said:
This was my initial plan. However, i have heard that silence in the eyes of the court equates to guilt. There's a term for it. The only reason why i'm showing up to this thing is to avoid a 'contempt of court' charge. It is so obvious that they are trying to scare me into cooperating.




Your not going to be in front of a jury and you might not even be in a courtroom.  This sounds like the first part of the case where the judge is going to determine weather or not there is any evidence to even continue with a full civil case.  Many civil cases don't make it past this point.  Get a lawyer anyway.

As far as the accident.  If you were driving straight through the intersection, and you had the yellow light, and they were making a left on a red(or stop or yield sign), than you had the right of way and they were at fault.  Now I don't know if that's exactly what happened but if it was I don't think you have much to worry about.  Now if there were other factors involved such as you not having insurance, driving on a suspended license, no registration, etc; or if you were cited for something resulting from the accident than you might have a tougher fight coming.

A little more details about the accident if possible.


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Anonymous #3

Re: Being Sued, Examination of Discovery [Re: allreadyused]
    #11881670 - 01/22/10 08:18 PM (14 years, 3 months ago)

I had a similar situation, but I hit a car that was turning left instead of it hitting me. I was speeding through a yellow, and T-boned a SUV hard enough to flip it on it's roof. Cops said that a witness said the light was red. I pointed out the fact that if someone heard a horn, screeching tires, and a SUV jumping through the air for a barrel roll, they weren't much paying attention to the traffic signal. Oh yeah, and the SUV was sliding towards him.

Anyhow, get a copy of the police report. If you don't want to answer any questions, just reply with "I don't exactly recall, but the poliece report states (read from the report)." Assuming that the report is in your favor (ie. you didn't get a ticket), you are neither denying anything through silence or breaching any sort of rules of failure to divulge information that may be legally required through a subpoena. I'm not too horribly keen on canadian law, but I'd think it would work.

They'll quickly tire of your antics, realize that they can't drag it into a "he said, she said" stupid ass argument and it will end up being a "he said, the police report said" instead. They are no longer arguing you as an individual, they are arguing the word of the law.

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OfflineMrBump
Third prize is you're fired
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Registered: 10/01/02
Posts: 4,263
Loc: Denver, Colorado
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Re: Being Sued, Examination of Discovery [Re: Anonymous #1]
    #11882723 - 01/22/10 10:50 PM (14 years, 3 months ago)

if you have insurance the insurance company must have hired an atty to rep its (and your) interests. Did you have insurance? Do you have a lawyer?

also, you say that the accident was the other party's fault... why dont, when you are being deposed, you answer the questions by proving how the other party caused the accident?

ps, you seriously need to contact an attorney.


--------------------
If it weren't for the bloody corpses, I wouldn't have any corpses at all.

There are two ways to get to the top of an oak tree: start climbing or sit on an acorn.

Are you a carrot, an egg, or a coffee bean?

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