Comments Thread For: Pacquiao is Getting Very Impatient With Mayweather

[firstborn]

This whole civil case is a joke, how could you expect to ever make a super fight with someone after you've sued them for hurting your feelings. And they have the nerve to claim that Mayweather is the reason for the fight not comming together, since when do fighters sue each other for talking ****?

If Mayweather would have pulled this civil suit BS he would have been laughed at and scrutinized to no end. I actually like both figthers but this **** is beyond ridiculous.

[RespekonMyName]

Come on Floyd can have one night off from going to the strip club.

Civil hearings take place at night?

[D4thincarnation]

This whole civil case is a joke, how could you expect to ever make a super fight with someone after you've sued them for hurting your feelings. And they have the nerve to claim that Mayweather is the reason for the fight not comming together, since when do fighters sue each other for talking ****?

If Mayweather would have pulled this civil suit BS he would have been laughed at and scrutinized to no end. I actually like both figthers but this **** is beyond ridiculous.

Defamation of character, if Floyd is not guilty then what he got to be worried out.

If he is guilty then he has to pay the price, Floyd is not above the law.

[RespekonMyName]

Defamation of character, if Floyd is not guilty then what he got to be worried out.
If he is guilty then he has to pay the price, Floyd is not above the law.

If Pac isn't juicing than what is HE worried about!

[Dedication]

"Pound for pound superstar Manny Pacquiao has wished legally troubled Floyd Mayweather Jr well and hopes he can solve his legal issues quickly. Pacquiao was speaking during his 32nd birthday celebrations in General Santos City in his native Philippines. Pacquiao said in an article at abs-cbnnews.com, “He’s facing so many problems; I hope he solves them soon so he could get back to the ring.”



If this isn't an excuse to duck then I don't know what is.

[RespekonMyName]

"Pound for pound superstar Manny Pacquiao has wished legally troubled Floyd Mayweather Jr well and hopes he can solve his legal issues quickly. Pacquiao was speaking during his 32nd birthday celebrations in General Santos City in his native Philippines. Pacquiao said in an article at abs-cbnnews.com, “He’s facing so many problems; I hope he solves them soon so he could get back to the ring.”



If this isn't an excuse to duck then I don't know what is.

Is Pacquiao ******ed? How do you wish someone well with their legal trouble when you're the one who filed the suit? Is Pacquiao even aware that this case is going on?

[D4thincarnation]

Civil hearings take place at night?

It is just the deposistion, a little talk with Pacquiao's lawywers, it can happen at night.

)

In almost all cases pending in United States federal courts, depositions are carried out under Rule 30 of the Federal Rules of Civil Procedure. About 35 states use versions of the FRCP in their state courts. Other states have discovery rules that are set out either in court rules or statutes, and which vary somewhat from one state to another. According to FRCP Rule 30, the number of depositions is limited to 10 depositions per side (i.e. plaintiffs and defendants), with deposition of each deponent limited to 1 day of 7 hours (unless specified otherwise in Local Rules of the State).[1]

If the desired witness (the deponent) is a party to the action, then notice may be given to that person's attorney. If the witness is not a party to the lawsuit (a third party), then a subpoena must be served on him/her if he/she is reluctant to testify. The person to be deposed (questioned) at a deposition, known as the deponent, is usually notified to appear at the appropriate time and place by means of a subpoena. To ensure an accurate record of statements made during a deposition, a court reporter is present and typically transcribes the deposition with stenographic equipment. Depending upon the amount in controversy and the ability of the witness to appear at trial, audio or video recordings of the deposition are sometimes taken as well.

Depositions usually take place at the office of the court reporter or in the office of one of the law firms involved in a case. However, depositions are also sometimes taken at a witness's workplace or home, or in a nearby hotel's conference room. Generally the deposition is attended by the person who is to be deposed, his attorney, court reporter, and other parties in the case who can appear personally or be represented by their counsels. Any party to the action and their attorneys have the right to be present and to ask questions.[2]

Prior to taking a deposition, the court reporter administers the same oath or affirmation that the deponent would take if the testimony were being given in court in front of a judge and jury. Thereafter, the court reporter makes a verbatim stenographic record of all that is said during the deposition, in the same manner that witness testimony is recorded in court. Some jurisdictions allow stenomask technology in lieu of traditional stenographic equipment, although many jurisdictions still prohibit stenomask because of its disconcerting effect on most lawyers and witnesses.

Attorneys for the deposing litigant are often present, although this is not required in all jurisdictions. The attorney who has ordered the deposition begins questioning of the deponent (this is referred to as "direct examination" or "direct" for short). Since nods and gestures cannot be recorded, the witness is instructed to answer all questions aloud. After the direct examination, other attorneys in attendance cross-examine the witness. The first attorney may ask more questions at the end, in re-direct, which may be followed by re-cross.

During the course of the deposition, one attorney or another may object to questions asked. In most jurisdictions, only two types of objections are allowed: The first is to assert a privilege and the second is to object to the form of the question asked. Objections to form are frequently used to signal the witness to be careful in answering the question. Since the judge is not present, all other objections, in particular those involving the rules of evidence, are generally preserved until trial. They need not be made at the deposition, because the witness still must answer the question despite these objections. If the form objection is made, the opposite party still has the right to re-phrase the same question and ask it again. Indeed, in Texas, lawyers were so aggressively using objections to indirectly coach their witnesses on the record that all objections outside of four narrow categories are now prohibited and making such prohibited objections waives all objections to the question or answer at issue. California is the major "outlier" on deposition objections; under the California Civil Discovery Act as enacted in 1957 and heavily revised in 1986, most objections must be given on the record at the deposition (and must be specific as to the objectionable nature of the question or response) or they are permanently waived.[3]

As with oral examination at trial, depositions can become heated at times, with some attorneys asking harassing questions to provoke witnesses into losing their tempers, some witnesses giving evasive answers, and everyone using profane language. In extreme situations, one side or the other may ask the reporter to mark the record, then may suspend the deposition, demand a rush transcript, and file an emergency motion to compel a response, for a protective order, or for sanctions. Some courts have magistrates or discovery commissioners who are on call for such contingencies, and the parties are supposed to use them to referee such disputes over the phone before resorting to filing motions.

Parties can bring documents to the deposition and ask document identification questions to make the documents and evidences admissible at court, as long as the deponent admits their authenticity. The court reporter and all parties in the case should be provided a copy of the documents during the deposition for review.

Under FRCP 30(d)(1) and its state counterparts, a deposition normally must take place for no longer than seven hours on one day per each deponent, unless otherwise stipulated by the parties or ordered by the court. This means that the deposing party who knows that a deposition will go longer than one day must either ask the deponent to stipulate to more time, or, if the deponent is uncooperative, go before the court and file a motion for a longer deposition. California is the major exception, in that it has no default time limit; depositions can theoretically proceed indefinitely, or at least until the deposition becomes so obviously excessive and burdensome that the deponent is able to move for a protective order.

After the deposition, the transcript is then published in the form of a hardcopy booklet, which is provided to the deponent as well as to any party to the suit who wishes to purchase a copy. The booklet will have the case caption (the name of the court, case number, and names of the parties) on the front. Inside, the pages have line numbers along the left margin, so that the parties can precisely cite testimony by page and line in later court documents. Timestamps are inserted into the margin if a videorecording is being made; in the event the witness is unavailable for trial, the parties and/or the court will use the timestamps to identify admissible segments which a video editor will stitch together to present to the jury. Finally, a concordance is automatically generated by the stenographic system's software and included in the back of the booklet.

Most court reporters can also provide a digital copy of the transcript in ASCII and RealLegal formats. The court reporter keeps a copy of the documents provided to the deponent during the deposition for document identification questions.

The chief value of obtaining a deposition, as with any discovery proceeding, is to give all litigant parties in a contested case a fair preview of the evidence. The process provides a "level playing field" of information among the litigants and avoids surprises at trial (traditionally regarded as an unfair tactic). Another benefit of taking depositions is to preserve a witness's recollection while it is still fresh, since the trial may still be months or years away. When a witness's testimony in open court is inconsistent with that given at deposition, a party can introduce the deposition to impeach (or contradict) the witness. In the event a witness is unavailable for trial (usually because they are deceased, seriously ill, or live hundreds of miles away), their deposition may be read or played before the jury and made part of the record in the case, with the same legal force as live testimony. In some states, stenographic, audio, or video records of depositions can be offered into evidence even if the witness is available. Deposition of the opposite party can sometime produce self-incriminating statements from the deponent, also document identification questions can make exhibits admissible for hearings and summary judgment motions.

Sometimes, after a number of witnesses have been deposed, the parties will have enough information that they can reasonably predict the outcome of a prospective trial, and may decide to arrive at a compromise settlement, thus avoiding trial and preventing additional costs of litigation. Accordingly, while most depositions are not videotaped, opposing counsel may use the opportunity to get an impression of the witness's affect and appearance, because these are telling factors as to how that person will present in front of a jury. Furthermore, deposition transcripts are frequently submitted in support of motions for summary judgment as evidence that there is no triable issue of fact. The moving party may use transcripts to argue that even if all the testimony given at deposition was given again at trial, no reasonable factfinder could find in the opponent's favor on a material issue of fact. The rationale is that generally, a witness must give consistent testimony on all material issues of fact both at deposition and at trial (unless there is a very good reason for changing one's answers), or else the inconsistencies can and will be used to impeach his credibility

[ThePrince]

Floyd is taking his whole avoiding Pacquiao thing to new levels, won't even see him in court.

"I'm not thinking about court cases right now, I just had a court date 60 days ago. I'm going on vacation from legal matters"





You can run but you can't hide muh***a

Take the stand...

[RespekonMyName]

It is just the deposistion, a little talk with Pacquiao's lawywers, it can happen at night.

)

I didn't see anything about a night deposition.

[flint]

this is one reason this fight won't happen. how in the hell does pacquiao thinks a fight could happen if he does'nt drop the lawsuit. plus back in the day. if one fighter said anything like this about another fighter. then they got in the ring,duked it out,and cleared it up.pacs a little girl.