Is Phil going to get served when we go to Auburn?

#2
#2
The subpoena is over I think. I think I read that he is not required to give a deposition
 
#3
#3
if he was already served (at SEC media days), why would they do it again?
 
#6
#6
CPF's lawyers filed a motion to quash. The ball is now in the other side's court to set a hearing and have a judge rule on if and when the deposition takes place, according to press reports.
 
#8
#8
dsbyrd said:
CPF's lawyers filed a motion to quash. The ball is now in the other side's court to set a hearing and have a judge rule on if and when the deposition takes place, according to press reports.
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excellent research. this is exactly what i was looking for - a concise summary with a link. wanna be my paralegal?
 
#10
#10
VolfanMike said:
He was supposed to give a deposition this week I think.
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i'm not a lawyer or anything of that sort, but i didn't think that was the same thing as being served?

I know that Fulmer's attorneys put in a motion to end the whole thing, but never heard any results. Of course, when he was served, it was only that he might have to give a disposition. I've not heard anything since the end of August when they tried to quash the whole thing.
 
#12
#12
volfanbill said:
i'm not a lawyer or anything of that sort, but i didn't think that was the same thing as being served?

I know that Fulmer's attorneys put in a motion to end the whole thing, but never heard any results. Of course, when he was served, it was only that he might have to give a disposition. I've not heard anything since the end of August when they tried to quash the whole thing.
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He was previously served with a subpoena, during media days. The subpoena compels him to appear for the deposition. Except that his lawyers filed a motion to quash so the deposition is off until a judge rules on the motion to quash.
 
#13
#13
volfanbill said:
i'm not a lawyer or anything of that sort, but i didn't think that was the same thing as being served?

I know that Fulmer's attorneys put in a motion to end the whole thing, but never heard any results. Of course, when he was served, it was only that he might have to give a disposition. I've not heard anything since the end of August when they tried to quash the whole thing.
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When it all came out I remember Doug Matthews saying that "IF" he was going to be required to give a deposition it would be the week of Auburn.
 
#15
#15
He needs to be served allright... A pink slip and a stern boot in the rear...:dance2:
 
#16
#16
dsbyrd said:
He was previously served with a subpoena, during media days. The subpoena compels him to appear for the deposition. Except that his lawyers filed a motion to quash so the deposition is off until a judge rules on the motion to quash.
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i've pretty much already stated all of that. My question was is being served also considered having to show up for the disposition? I thought "being served" was either being given the papers telling you to show up for court or, of course, losing a street dance contest.
 
#19
#19
also, as much talk about the whole thing that took place on here alone would make the research easy.
 
#21
#21
volfanbill said:
i've pretty much already stated all of that. My question was is being served also considered having to show up for the disposition? I thought "being served" was either being given the papers telling you to show up for court or, of course, losing a street dance contest.
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Geeze, let me take another crack at it. "Being served" refers to someone handing him a subpoena to testify at a deposition. He was served with a subpoena. It has a date, time and place listed on it. So if nothing else happened, he would (generally speaking) have to show up for the deposition.

However, his lawyers filed a motion to quash. There is not deposition set until if and when a judge rules on that motion. It may never happen if the other side doesn't push it. Or the judge can order him to appear in Alabama, order that it be taken in Tennessee, etc. Or, the parties can agree on a mutually convenient date, time and place.
 
#22
#22
i'm not a litigator, so i'm not clear on this point, but wouldn't there have to be a ruling on the motion to quash? that is, just filing a motion to quash doesn't automatically quash the subpeona, right? does it temporarily invalidate the subpeona until the motion hearing? it seems in this case any hearing on the motion would be after the date of the proposed deposition.

and isn't a motion to quash a subpeona usually based on some procedural or substantive defect in the service of process?
 
#23
#23
So this is where all the VolNation lawyers hang out. First one to catch it wins....

Ambulance.gif
 
#24
#24
ksushalovesthevols said:
i'm not a litigator, so i'm not clear on this point, but wouldn't there have to be a ruling on the motion to quash? that is, just filing a motion to quash doesn't automatically quash the subpeona, right? and isn't a motion to quash a subpeona usually based on some procedural or substantive defect in the service of process?
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It varies according to local rules and practice. I'm not an expert on Alabama. But in a lot of places the service of a motion to quash abates the date and nothing happens until the party wishing to take the deposition sets a hearing.

And yes, you are right on the usual basis for a motion to quash. I don't know what grounds they raised. It might also have been joined with a motion for a protective order seeking to limit the time or scope, or require it to be taken in Knoxville, etc.
 
#25
#25
dsbyrd said:
Geeze, let me take another crack at it. "Being served" refers to someone handing him a subpoena to testify at a deposition. He was served with a subpoena. It has a date, time and place listed on it. So if nothing else happened, he would (generally speaking) have to show up for the deposition.

However, his lawyers filed a motion to quash. There is not deposition set until if and when a judge rules on that motion. It may never happen if the other side doesn't push it. Or the judge can order him to appear in Alabama, order that it be taken in Tennessee, etc. Or, the parties can agree on a mutually convenient date, time and place.
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maybe i just took offense to it because you quoted me, but again you haven't really listed anything i didn't already say, so i'm guessing he's not getting served again. Unless he loses a dance contest...

and since they haven't done anything about the attempt to quash it, he's not talking on thursday in court either.
 
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