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General :
can postings here be subpoenoed in court as evidence to a crime?

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courageous ( member #34477) posted at 4:26 AM on Thursday, June 6th, 2013

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 (in my 40's) Him: ExWH EA/PA with MOW coworker(also married). He ended up marrying his mistress.

posts: 880   ·   registered: Jan. 9th, 2012   ·   location: Texas
id 6363232
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 somanyyears (original poster member #26970) posted at 5:12 AM on Thursday, June 6th, 2013

..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. Reconciled I think! Me 77 Her 74 Married 52 yrs. 18 yr LTA with bff/lawyer. Little fucker died at 57.Brain tumour!

posts: 6080   ·   registered: Dec. 29th, 2009   ·   location: Ontario Canada
id 6363276
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karmahappens ( member #35846) posted at 5:14 AM on Thursday, June 6th, 2013

..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: 4036   ·   registered: Jun. 13th, 2012   ·   location: Massachusetts
id 6363277
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Skan ( member #35812) posted at 6:03 AM on Thursday, June 6th, 2013

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: 11513   ·   registered: Jun. 11th, 2012   ·   location: So California
id 6363310
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seriouslylostit ( member #23987) posted at 7:02 AM on Thursday, June 6th, 2013

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: 845   ·   registered: May. 12th, 2009
id 6363328
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aesir ( member #17210) posted at 10:29 AM on Thursday, June 6th, 2013

..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. 29th, 2007   ·   location: Winnipeg
id 6363372
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numbandnauseous ( member #34525) posted at 3:18 AM on Friday, June 7th, 2013

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

BS (me) - 50
WH - 58, EA with HS GF x 2, now deceased
M: 15 years, T: 20, divorced
2 teenage children
DDay#1 - Christmas 2011 (OW#1)
Confronted - 4/6/12
DDay#2 - July 9, 2012 (OW#2)
He is an SA (Oct 2012)

posts: 828   ·   registered: Jan. 13th, 2012   ·   location: the other side
id 6364647
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Deeply Scared ( Administrator #2) posted at 3:37 AM on Friday, June 7th, 2013

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: 210060   ·   registered: May. 31st, 2002
id 6364663
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roughroadahead ( member #36060) posted at 4:04 AM on Friday, June 7th, 2013

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: 751   ·   registered: Jul. 9th, 2012   ·   location: USA
id 6364689
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