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Newest Member: Makeitstop85 (44953)

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User Topic: can postings here be subpoenoed in court as evidence to a crime?
courageous
♀ Member
Member # 34477
Default  Posted: 10:26 PM, June 5th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

My ex during false R copied and saved some of my posts. His lawyer attacked me in court with some. Funny how he confidently left out parts of the thread. Also I was being abusive by calling exwh a ft and wanted to sue me for liable. I can't help if ft uh I mean exwh saw a description of a cheating a-hole and thought someone was talking about him. After all no names or city were mentioned.

He also claimed I was mentally unstable. The judge was not amused. Of course I was also going to supposedly get sued for illegally reading ft...uh I mean exwh's email on the phone that was in my name on the account and that he handed to me. Not to mention he also gave me the password to but hey personal injury lawyers as divorce lawyers don't really care about honesty or integrity. That lawyer gave all lawyers a bad name.

And just for the record you know you ae going to win when ft's lawyer tells the judge that the judge added the child support wrong and that she really meant a much lower level (her math wasn't wrong but apparently the judge just hadn't gotten the memo).


Me: BW (35)
Him: ExWH (31) EA/PA with MOW coworker
Married 9 years, 2 small kids
dday 3/12/2011 divorced fall 2012

My ipad does a lot of crazy typos.


Posts: 650 | Registered: Jan 2012
somanyyears
♂ Member
Member # 26970
Default  Posted: 11:12 PM, June 5th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage


..gotta thank everyone for the kind and informative takes on the subject.. and for the hugs of support..

..and especially for all the laughs.. it really is good medicine

..so how many of you out there are wondering what the hell 'poutine' is???

..and as for bad lawyers, my bfOM was also my lawyer and used his law firm office for their meetups with my wife.

Howz that for ethics and integrity?? ..not exactly the posterboy for lawyers i would guess!!

@ skan.. have you got a backhoe i can rent? yes, i said hoe!

smy


trust no other human- love only your pets
She isn't and never was who I thought..I can't believe who I married and what she did to us.
Me 67
Her 63
Married 42 yrs (together 47)
18 yr LTA with bf


Posts: 4124 | Registered: Dec 2009 | From: the sad state of affairs
karmahappens
♀ Member
Member # 35846
Default  Posted: 11:14 PM, June 5th (Wednesday), 2013View ProfileEdit MessagePrivate MessageHomepage

..so how many of you out there are wondering what the hell 'poutine' is???

I would lose my Si username if I told you what I thought it read initially

Hoping things get better smy...


“And the day came when the risk to remain tight in a bud was more painful than the risk it took to blossom”
Anaïs Nin
Me: 45
Him: 47
Dday 8/2007
We have R'd

Posts: 3801 | Registered: Jun 2012 | From: Massachusetts
Skan
♀ Member
Member # 35812
Default  Posted: 12:03 AM, June 6th (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

somanyyears, I can hook you up with my guy manny. He's THE man for backho, er backhoe work.


Imagine a ship trying to set sail while towing an anchor. Cutting free is not a gift to the anchor. You must release that burden, not because the anchor is worthy, but because the ship is.

D-Day, June 10, 2012



Posts: 4804 | Registered: Jun 2012 | From: So California
seriouslylostit
♀ Member
Member # 23987
Default  Posted: 1:02 AM, June 6th (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

SMY,

But wouldn't they hafta prove that the substance on the tombstone is actually you know who's brother's you know what?


Posts: 843 | Registered: May 2009
aesir
♂ Member
Member # 17210
Default  Posted: 4:29 AM, June 6th (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

..so how many of you out there are wondering what the hell 'poutine' is???

Properly, it is a French Canadian side dish often served as a complete meal (which along with Export A "green death" cigarettes explains why Quebec leads the nation in heart disease) consisting of french fries mixed with cheese curds which are then melted by pouring on gravy. The term is now often applied to any combination of fries, cheese, and gravy.

Now here is a little tidbit of California law (only because it was the first US state google showed me):

1563. (a) This article shall not be interpreted to require tender
or payment of more than one witness fee and one mileage fee or other
charge, to a witness or witness' business, unless there is an
agreement to the contrary between the witness and the requesting
party.
(b) All reasonable costs incurred in a civil proceeding by any
witness which is not a party with respect to the production of all or
any part of business records the production of which is requested
pursuant to a subpoena duces tecum may be charged against the party
serving the subpoena duces tecum.
(1) "Reasonable cost," as used in this section, shall include, but
not be limited to, the following specific costs: ten cents ($0.10)
per page for standard reproduction of documents of a size 8 1/2 by 14
inches or less; twenty cents ($0.20) per page for copying of
documents from microfilm; actual costs for the reproduction of
oversize documents or the reproduction of documents requiring special
processing which are made in response to a subpoena; reasonable
clerical costs incurred in locating and making the records available
to be billed at the maximum rate of twenty-four dollars ($24) per
hour per person, computed on the basis of six dollars ($6) per
quarter hour or fraction thereof; actual postage charges; and the
actual cost, if any, charged to the witness by a third person for the
retrieval and return of records held offsite by that third person.
(2) The requesting party, or the requesting party's deposition
officer, shall not be required to pay those costs or any estimate
thereof prior to the time the records are available for delivery
pursuant to the subpoena, but the witness may demand payment of costs
pursuant to this section simultaneous with actual delivery of the
subpoenaed records, and until payment is made, is under no obligation
to deliver the records.

So if you are really afraid all your posts may be subpoenaed, post often, especially to long threads like those in ICR. Firstly it will be of help to others, and secondly I am sure the entire thread should be printed for context. This will lead to an enormous legal bill sorting through everything, and help support SI as well as I am sure that $24 per hour while the printer is running and 20 cents per page will result in some surplus that can go towards site maintenance. Only a fool would subpoena records from DS or Meta.


Your mileage may vary... in accordance with the prophecy.

Do not back up. Severe tire damage.


Posts: 14924 | Registered: Nov 2007 | From: Winnipeg
numbandnauseous
♀ Member
Member # 34525
Default  Posted: 9:18 PM, June 6th (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

Is there any way they can subpoena our private communications, like PMs or journal?


BS (me) - 41
WH - 48, EA with HS GF x 2
M: 10 years, T: 20
2 small children
DDay#1 - Christmas 2011 (OW#1)
Confronted - 4/6/12
DDay#2 - July 9, 2012 (OW#2)
He is an SA (Oct 2012)
Divorcing

Posts: 827 | Registered: Jan 2012 | From: the other side
Deeply Scared
♀ Administrator
Member # 2
Default  Posted: 9:37 PM, June 6th (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

Is there any way they can subpoena our private communications, like PMs or journal?

That's a tough one to answer. Again, SI is annonymous but I suppose if someone was *that* serious about exposing a failed relationship to the courts(keep in mind...it would most likely be a WS doing this, so that alone is why it's never happened to SI) they could request a subpoena be brought forth to SI.

Another thing to consider...SI also has an attorney


"Don't give up, the beginning is always the hardest." My Mom:)

My tolerance for stupid shit is getting less and less.


Posts: 197785 | Registered: May 2002
roughroadahead
♀ Member
Member # 36060
Default  Posted: 10:04 PM, June 6th (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

I would have guessed it would be more advantageous for a BS to subpoena posts in the wayward forum where the WS admits to sex with the AP. In states where fault affects the settlement, that could be the most financially rewarding use of an SI post. Otherwise, it's a lot of effort for little reward to prove state of mind. Maybe there might be the rare case where someone might post something like "hahaha I have $300k in an offshore bank account I'm not telling the divorce L about!"


BS-Me 30s
WS-Him 30s
D-Day 4/2012 (Insisted EA only)
D-Day 5/2012 (Did I say EA? Ummm..)
Numerous other TT/broken NC d-days until S 1/2013. D settled 11/2013
MOW-coworker, 40s.
2 DS and DD all w/autism

Posts: 737 | Registered: Jul 2012 | From: USA
Topic Posts: 49
Pages: 1 · 2 · 3

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