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Saturday, February 15, 2014

Delay Tactics and Fishing Expeditions

So the Defense has gone to court seeking a "continuance" and the judge granted it and has delayed our court date now until July 7th...

Meanwhile, they have kept me hopping with all sorts of new "demands" and "interrogatories", the latter being lists of questions to be answered and then notarized and sent back, which is not only a huge pain in the butt, but expensive. And a lot of these questions have been answered before...

Among the demands, they want copies of every photo taken of Bob since 2005! Plus they requested my medical records -- yes, me, they want all my medical records since 2005! Which, truth be told, I don't have any--as I don't have health insurance and haven't had it for years, and the last time I saw a doctor (on my own behalf, not on Bob's!) was somewhere around 2003-- BUT what do MY MEDICAL RECORDS got to do with this case??? And they have been requesting more medical records on Bob, from places he's never been to (like a local clinic for the indigent) and from doctors he's never seen, some 150 miles away -- and it really appears, to me, they are on a desperate fishing expedition....

Well, all of this, has certainly been keeping me busy!  Especially the photos, as they want digital copies, and the older ones are the old fashion kind, so they all had to be scanned into a computer. 

I think it was actually worth all of the work, as the photos will benefit us more than them--as the Defense seems to be trying to paint of picture of Bob being very disabled after a small stroke he had in 2003.  And our photos paint a very different picture---like this one, showing Bob on the roof, painting the house in 2006!


5 comments:

Anonymous said...

I hope you are keeping a record of all your time and expense to meet the defenses demands for all the paper work, pictures, time, etc to add to the settlement. Bill them at their hourly rate.

Unfortunately, I suspect the defense will do everything possible to delay any settlement, and make you work more to get that settlement. Keep working closely with your lawyer. Perhaps there's a way they can make your work load demands from the defense lighter.

You both are in my prayers.

Hugs & prayers, Dan

Rebecca Dutton said...

When I've gone to court photos have always helped me. Pictures leave a lasting impression that the opposing lawyer can't wipe from peoples' minds.

J.L. Murphey said...

Diane,
Like Rebecca said. The change in Bob has been drastic. Pictures speak louder than words. All those pics of Bob trying to stand, his toes, etc. Your not having medical records is a good thing. If you saw a psychiatrist that would possibly bad for your case.

As far as a notary your bank offers it as a free service. Keep track of all the postage fees. They are a tax deduction if not reimbursable. Better yet take them all to your lawyer. Practices usually have a notary and will mail them for you. They will also make copies. Make him earn his 30 or 40%. That's what his office is for.

Jenn said...

Gerry and I were discussing this recent post. He brought up a good point. If you've already answered the SAME questions in the deposition, you should tell the defense attorney to refer to the deposition as they have a copy of it, too.
The other comments to this post have some excellent advice.

Diane said...

Jenn, I've already objected to this, over and over, same questions, but our attorney does not want any reason for the Defense to ask for another delay--so we basically give them what they want, even if it's stupid and redundant.

Jo-- our bank will only notarize "non-legal" papers for free, otherwise there is charge. Also, the attorney is in another county (though only 20 miles away) but the wheelchair transport will not cross county lines, unless I "private pay" and that's about a $150 trip. GA! So, I just took Bob to a UPS store and did it all there. We could notarize and send the stuff all in one trip. Cost about $60.00 when all was said and done but surely, I could use that money for other things.... and life goes on.