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To: donpat who wrote (21867)4/6/2012 10:40:50 AM
From: dreaminbigRespond to of 53574
 
That's a great question. And will make the trial even more entertaining!



To: donpat who wrote (21867)4/6/2012 10:57:09 AM
From: scionRead Replies (3) | Respond to of 53574
 
Discovery in a lawsuit is always an interesting phase. Testimony is taken under oath, and the penalties for perjury a can be severe.

Lawsuit Discovery

Lawsuit discovery is the process by which the parties involved in a lawsuit get access to information that may help them to win their lawsuit.

The idea behind lawsuit discovery is that each side should have access to all the relevant facts and documents prior to trial. Each side gets to request that the other side disclose this information.

Because we have legal discovery processes, there are no secrets in lawsuits. If your opponent's lawyer is reasonably talented, everything will come out at some point in the discovery process. So, withholding information is never a smart move.

You should also realize that discovery is invasive. The opposing party's lawyers may subject your life to intensive scrutiny, looking for anything that can give them an edge in the case.

If you don't like what your being asked to disclose, your lawyer can object, but you'd be surprised how much information they'll be allowed to get. If you don't want your personal life to be on display, you may want to think twice about initiating a lawsuit.

So how does lawsuit discovery work exactly?

Generally speaking, there are three main steps to lawsuit discovery: written discovery, document production and depositions.

Written Discovery For Lawsuits

In the Written Discovery process, the opposing party may ask you to complete Interrogatories or Requests for Admission. Similarly, you and your lawyer may send the opposing party similar requests.

Interrogatories ask you to answer questions in a way that lets you tell your version of the facts and of your claims. Requests for admission are another type of written discovery, in which the recipients are asked to admit to or deny specific facts pertaining to the case.

Legal Discovery Document Production

In a lawsuit, Document Production starts with the premise that both parties to the case should typically have the right to see any documents that relate to a case. This might include things like medical records covering prior medical history or police reports pertaining to an accident.

Discovery Lawsuit Depositions

Depositions are sworn statements, in which the deposed party must answer questions from an attorney. This is done in front of a court reporter who then provides a court transcript after the deposition is completed. If you find that you must be part of a deposition, it's best to say what you know. If you don't know something, it's fine to say that you don't know. Your lawyer should give you plenty of advice and coaching prior to a deposition.


Making the Most of Lawsuit Discovery

This article has given you a general understanding of discovery. Discovery can vary considerably from this process based on state laws, the case type, involved attorneys, and many other factors.

However, the key thing to understand about lawsuit discovery is that it gives each side the opportunity to find out information that can help them to win a lawsuit. Discovery is often used to cast doubt on the claims of a lawsuit participant, for example.

There are many aspects to doing discovery well. A good lawyer will be adept at the discovery process, both in initiating legal discovery requests on your behalf and in helping you to address your opponent's discovery queries.

lawyergurus.com



To: donpat who wrote (21867)4/6/2012 11:23:07 AM
From: scionRead Replies (1) | Respond to of 53574
 
By popular DEMAND, and the ability to type in CAPS {in bold for extra impact) , I give you - BRIG_88

I wonder how many posters hereabout will be amicus curiae...

Rev Kilgore Mullet Friday, April 06, 2012 10:33:17 AM
Re: BRIG_88 post# 175467 Post # of 175491

Why did the company restate the financials? Why didn't they stand their ground if the original treatment was correct and if they were acting in good faith? It wasn't the SEC that restated the financials, it was Bordy. Has he changed his mind again regarding the credits?

siliconinvestor.com

BRIG_88 Share Friday, April 06, 2012 10:45:49 AM
Re: Rev Kilgore Mullet post# 175469 Post # of 175492

Well gee let's see....his auditor advised him to do so....THEN after all this time JBI finds out they had it right the first time and never needed to restate.....looks like JOHN got some crappy advice huh?...the SEC not only approved the valuation of those media credits for Domark it now looks like they HID THAT FACT from JBI and filed suit anyway....the SEC has been caught red handed and this isn't going to end well for them....just endin'

siliconinvestor.com

Rev Kilgore Mullet Friday, April 06, 2012 10:52:42 AM
Re: BRIG_88 post# 175476 Post # of 175492

The SEC doesn't issue letters of approval. They don't review every accounting treatment that comes down the pike and if they failed to follow-up with additional questions regarding a line of inquiry, that doesn't amount to approval either. Besides, what another company did or didn't get away with has little bearing here except as an attempt to establish good faith. So why did the company restate?

siliconinvestor.com

BRIG_88 Friday, April 06, 2012 10:58:28 AM
Re: Rev Kilgore Mullet post# 175480 Post # of 175492

ROFL! Who said anything about a letter of approval? The SEC allowed Domark to carry those media credits at a value of 10 million then turned around and sued JBI for doing the same thing....that isn't going to go away....the case is toast....just toastin'

siliconinvestor.com

Rev Kilgore Mullet Friday, April 06, 2012 11:03:05 AM
Re: BRIG_88 post# 175481 Post # of 175492

They didn't allow, approve, condone or accept anything. The SEC just stopped asking questions and could have resumed asking questions at any time.

siliconinvestor.com

BRIG_88 Friday, April 06, 2012 11:07:48 AM
Re: Rev Kilgore Mullet post# 175484 Post # of 175493

Nope. That isn't going to fly in court. In FACT JBI will be able to look at everything they have on discovery including everything they ever did with Domark.....this isn't going to be explained or spun away.....they lied....and they hid it from JBI....now it's out in the open and the truth is out....JBI was and is right....period....just periodin'

siliconinvestor.com