The Lawsuits Thread

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AdeleAgain
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Re: The Lawsuits Thread

Unread post by AdeleAgain » Wed May 06, 2020 4:07 pm

Sorry to keep going back to this when there are so many other things happening - but I found the video I mentioned.



At 3.10 minutes in it goes to the start of the clip of her testimony - and quite clearly from what the lawyer says, they had been planning to evoke the fifth amendment. Goodness - may be they should have stuck with their original idea.

MaryS
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Re: The Lawsuits Thread

Unread post by MaryS » Wed May 06, 2020 5:56 pm

If someone can remain silent during cross examination in the UK who breaks the impasse?

So Heard says I don't want to answer that to the Judge?
Can he ask why?
Hahaha

Heard, silent, not silent, chatty, or just plain crazy, the outcome to the UK trial is going to be the same.
Unless there's an off chance there's evidence we're not privy to, Johnny will win in the UK with the evidence presented so far.

Heard's deposition will look mild against Musk's. He has been losing the plot for some time now. His deposition will be an interesting view and read.
And Heard stan Nikki Steele is one of few who are defending him at The Blast.
Everyone else has his measure.

MaryS
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Re: The Lawsuits Thread

Unread post by MaryS » Wed May 06, 2020 6:39 pm

Johnny is going to win the US case too.

It being a jury trial, there's always the possibility of a surprise, but I think that Johnny is going to be just fine.

There's no chance in hell people unaffiliated with her team go around defending her these days.
Those days are over!!!!

MaryS
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Re: The Lawsuits Thread

Unread post by MaryS » Thu May 07, 2020 6:07 am

I can't wait till Musk is deposed.
And Elon, you're going to deposed.
Elon is running all over the media saying he is innocent.
They say that Elon was with Heard the night and many nights before and after she painted on the bruise to appear in court to get the TRO.
Johnny's team would probably know the days and nights and times of these rendezvous.
Elon, you will be asked what you know about bruise?

See, Elon how easy it is for Johnny's team to compel you to seat for a deposition.

I believe most women NOT all women.

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Lbock
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Re: The Lawsuits Thread

Unread post by Lbock » Thu May 07, 2020 9:28 am

Fairfax County VA Alert:
Wed, 05/06/2020 - 3:00 pm
Supreme Court of Virginia Fourth Order Modifying and Extending Declaration of Judicial Emergency in Response to COVID-19 Emergency: Order of the Supreme Court of Virginia modifying and extending the judicial emergency through June 7, 2020 for all district and circuit courts.


l) As provided in the First, Second, Third and Clarification Orders, for all cases in district
and circuit courts the statutes of limitation and all other case-related deadlines, excluding
discovery deadlines, shall continue to be tolled during the ongoing Period of Judicial Emergency
(now March 16, 2020, through June 7, 2020) pursuant to Va. Code § 17.1-330. In all civil cases,
any tolling of deadlines and obligations arising out of Part Four of the Rules of the Supreme
Court of Virginia shall terminate as of the effective date of this order (May 18, 2020). All
discovery issued with a deadline to respond during the judicial emergency shall be due within
twenty-one (21) days of the effective date of this Order (May18, 2020). Litigants are encouraged
to resolve as many pretrial matters as possible with or without the assistance of the courts.
Deadlines other than discovery are tolled. Not sure how that affects her answer? Depositions are part of Discovery but have to be done in "public". So will update if Adam comments on twitter on this.
http://www.vacourts.gov/news/items/covi ... _order.pdf

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Lbock
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Re: The Lawsuits Thread

Unread post by Lbock » Thu May 07, 2020 9:29 am


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Judymac
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Re: The Lawsuits Thread

Unread post by Judymac » Thu May 07, 2020 12:58 pm

I wanted to give my input on some of the things that were said here. First, Roberta Kaplan is not in charge of the case. The Judge is in charge of the cases. Judges do not give away their power to attorney's. Also, I have been reading threads about Amber pleading the fifth amendment or temporary insanity. These are both complex matters. Neither are just granted because an attorney asks for them.

Amber can *try* to plead temporary insanity but it is up to the *judge* to decide whether this is valid. First, this is a civil trial not a criminal trial. She is only being tried for defamation. It is unlikely that a judge would find it credible that she was temporarily insane when she wrote and or said defamatory things about Johnny. The acts of domestic violence are not being considered by this court so they can not be used as temporary insanity. Even if the judge were to give this any credibility, there is a process to go through. In the end it would be up to the judge to decide this matter. She can not get temporary insanity just because her attorney asks for it.


The fifth amendment gives a person the right against incriminating them self in a crime. This is not a criminal case it is a civil case. The statute of limitations has run out in the U.S. on the domestic violence case. She can not be tried in the U.S. for domestic violence so she could not use that as an excuse to fail to testify. The only way she could plead the fifth would be admitting that she perpetrated a hoax. That would be the only crime that would be in play. As of know, she is not admitting to perpetrating a hoax so it would not be smart to use that as a reason not to testify. Also, even if she does not testify all the depositions, phone calls etc can still be used.

Elon Musk is can not avoid a subpeona. The judge can cite him for contempt of court. Again, many here seem to think that Roberta Kaplan is in charge of this case and she dictates what happens. That is not the way the court system works.

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ForeverYoung
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Re: The Lawsuits Thread

Unread post by ForeverYoung » Thu May 07, 2020 1:48 pm

Amber wants to testify in the UK case so I don't see why she would want to use the fifth amendment anyway.

As for filing her answer in the VA court, her lawyer can do that electronically and she's had more than enough time to prepare. No excuses for taking so long. Their issue is that she will HAVE to admit to some of the counts against her because it's already public that she admitted to hitting and throwing things at him.
“Growing old is unavoidable, but never growing up is possible."

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meeps
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Re: The Lawsuits Thread

Unread post by meeps » Thu May 07, 2020 2:14 pm

ForeverYoung wrote:
Thu May 07, 2020 1:48 pm
Amber wants to testify in the UK case so I don't see why she would want to use the fifth amendment anyway.
I know what she and her team have said - I will even say "bragged", as when they claimed that she certainly would come to London despite the virus - but I have a feeling that it's all just talk, and in the end she will find a reason for not testifying. She doesn't have any evidence, and Johnny has tons of it. So what can she possibly say to change that?
Then again she personally might think that she can charm, bully and pout her way to victory ... She is not the sharpest spoon in the drawer, after all.
If she was she would have lied about Musk instead of our beloved Johnny!

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Judymac
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Re: The Lawsuits Thread

Unread post by Judymac » Thu May 07, 2020 2:38 pm

ForeverYoung wrote:
Thu May 07, 2020 1:48 pm
Amber wants to testify in the UK case so I don't see why she would want to use the fifth amendment anyway.

As for filing her answer in the VA court, her lawyer can do that electronically and she's had more than enough time to prepare. No excuses for taking so long. Their issue is that she will HAVE to admit to some of the counts against her because it's already public that she admitted to hitting and throwing things at him.
There are no counts of domestic violence against her in the United States. The VA case is only about defamation. The statute of limitations has run out for the U.S. domestic violence case. She could admit to hitting him and throwing things at him and she could not be prosecuted for it in the U.S. In criminal (and civil cases) there is a time frame to bring a case forward. Once that amount of time has passed the person can not be tried, even if they admit to a crime. There are different statutes of limitations for different crimes. I am unfamiliar with the Australian Courts. I do not know if they could bring domestic violence charges against him or if they would/ could use testimony from an American and or British Court for their case She can not be charged with domestic violence against Johnny in the U.S. even if she admits to it.

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Lbock
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Re: The Lawsuits Thread

Unread post by Lbock » Thu May 07, 2020 2:52 pm

ForeverYoung wrote:
Thu May 07, 2020 1:48 pm
Amber wants to testify in the UK case so I don't see why she would want to use the fifth amendment anyway.

As for filing her answer in the VA court, her lawyer can do that electronically and she's had more than enough time to prepare. No excuses for taking so long. Their issue is that she will HAVE to admit to some of the counts against her because it's already public that she admitted to hitting and throwing things at him.
Now (I think) they don't have to file her answer until June 29 with the new COVID-19 delay. It behooves them to file as late as possible and use as much discovery as they can get to help in their answer. This is so odd. Normally you file an answer long before any discovery. It just happens that in this case, they filed so many motions to dismiss, they were able to delay her answer....and the judge allowed discovery to keep going.

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Lbock
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Re: The Lawsuits Thread

Unread post by Lbock » Thu May 07, 2020 3:00 pm

Judymac wrote:
Thu May 07, 2020 12:58 pm

The fifth amendment gives a person the right against incriminating them self in a crime. This is not a criminal case it is a civil case. The statute of limitations has run out in the U.S. on the domestic violence case. She can not be tried in the U.S. for domestic violence so she could not use that as an excuse to fail to testify. The only way she could plead the fifth would be admitting that she perpetrated a hoax. That would be the only crime that would be in play. As of know, she is not admitting to perpetrating a hoax so it would not be smart to use that as a reason not to testify. Also, even if she does not testify all the depositions, phone calls etc can still be used.
From what I gather that Adam has suggested:
The only possible criminal issue here, which Adam has raised several times in articles, is a charge of Perjury (either in VA if she comits it or the TRO filing and legal filings and deposition she made under oath in CA). The Depp team cannot file such charges. If she comitts Perjury (ie, changes her story etc in her VA or Sun Testimony), then Adam can submit something to the LA District Attorney. But based on Perjury for TRO history, it's doubtful they would file anything.

So I guess her refusing to answer something which could cause her to perjure herself in CA?????
At the time of her testimony would be when the perjury is discovered
In 1972 the statute was amended to provide that the three-year statute of limitations for certain felonies, including perjury, did not start running until discovery of the offense.

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Judymac
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Re: The Lawsuits Thread

Unread post by Judymac » Thu May 07, 2020 5:49 pm

No, refusing to answer a question is not perjury. Perjury is knowingly making an untruthful statement under oath. There has to be an intent to deceive. If someone makes a mistake of a fact it is not perjury. They have to be intentionally lying for it to be perjury.

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Lbock
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Re: The Lawsuits Thread

Unread post by Lbock » Thu May 07, 2020 6:42 pm

I didn't say that, sorry if I wasn't clear. Yes the statute of limitations is up for DV but not for purjery as it starts at the time you are aware of the purjery.

My post was about claiming the 5th amendment. If she answers a question which she knowingly proves she lied on the TRO (For example she is asked a question in VA and gives a different answer that refutes what she claimed in CA), that could be incriminating herself for a purjery charge in California.

So she could claim the 5th and avoid answering a question in a civil suit in VA to avoid incriminating herself for a purjery charge in CA.

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Re: The Lawsuits Thread

Unread post by MaryS » Thu May 07, 2020 7:02 pm

Judymac, how can someone make a *mistake* of a fact of *no* physical abuse.
Heard has detailed episodes that even she can't turn around and say that oh, I *thought* that happened.

Maybe I am reading it wrong.

Hell yeah, she has * perjured * herself in court documents.
What other intent is there other than to deceive?
How can anyone see it any other way?