Ya
LOL.. you are making it sound like those of us who filled out, then signed, produced a valid photo ID, then raised our right hand and swore to the truth of what we had just done, didnt realize the ramifications and possible actions that could arise from it. Ive never had to do that for some "neighborhood petition". Will I come and sit at that table? You can bet the farm I will. And your stenographer better have done her finger exercises that morning because I have been using these beaches for a very long time and will give alot of information to her. I wont forget the photos of me and my family using these beaches either. Just curious.... were all of those 15k+ affidavits objected to within 10 days?
Jodi, 3 points here;
I’m not an attorney, but I’m a huge Matlock/Perry Mason fan...
No, not for a minute does anyone believe that everyone of the thousands of those filling out CU affidavits is/was clueless, quite the contrary. And in no way am I suggesting that you and some others weren’t aware of the gravity of the litigation process should that result. It’s quite obvious you are on point. AND you are passionate about our beaches. That puts us on the same side of this: Protecting our 30A Legacy.
My point, after witnessing the tactics and carnival atmosphere of the signing tables during peak tourist season, is that they undoubtedly drew in thousands of folks not fully aware of their personal commitment to potential court proceedings. Go online and read them, they are available as evidence. I think you’ll soon agree, many of the stories would change or the volumes might shrink, had a full disclaimer and explanation of deposition and witness requirements been fully comprehended and understood by each author, as you obviously do.
Next, The Judge does not decide what evidence attorneys decide to pursue. Since the affidavits have been submitted as evidence already by plaintiff, the defense counsel has the standing right and almost obligation to depose those submitters of court evidence, NOT the judge.
And finally, no, the defendants need not be anywhere near the depositions of plaintiff witnesses during the process. Many attorneys dissuade such attendance, depending on the client. It’s the attorneys, as licensed agents of the court, who facilitate, control, and speak, not the defendant.
My point was not meant to degrade or diminish you in any way. It was merely a mathematical equation. It appeared to me and others, AFTER REVIEWING THE DOCUMENTS, that the process and carnival atmosphere of the signing campaign, drove many, possibly thousands, of emotional responses to a case in which they have no credible input.
Then IF that possibility is true, the resulting depositions as a matter of normal litigation process, might prove to significantly diminish the perceived value of those particular and specific documents as evidence. Not yours, but those.
How do I know? Because besides loving Matlock and Perry Mason, (And John Grisham!), I’ve been forced to be across the table from deposing attorneys before. It’s definitely not all whimsical or fantasyland - like a fish fry...