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FL law? Civil trial key witness dead

Old 02-14-2020, 05:58 PM
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Default FL law? Civil trial key witness dead

For those in the know in a civil trial setting under FL Law, when the only key witness dies and has not been deposed prior to trial, what is the law ? No one knocked him off LOL, died two weeks prior to trial.
Old 02-14-2020, 06:36 PM
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Originally Posted by Badbagger View Post
For those in the know in a civil trial setting under FL Law, when the only key witness dies and has not been deposed prior to trial, what is the law ? No one knocked him off LOL, died two weeks prior to trial.
There will be no cross examination! You can't depose the dead and unless there is other evidence from phone records computers or other sources it's game over.

Did he get caught with 180K in cash buying semi trucks for his legitimate business?
Old 02-14-2020, 07:28 PM
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Thanks, ugh no comment lol.
Old 02-14-2020, 07:40 PM
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You're asking for legal advice on a boating forum? Really? You'll get what you pay for, that's for sure.
Old 02-14-2020, 08:47 PM
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Yep I’ll follow up with my atty Monday. Never been steered wrong here.
Old 02-14-2020, 08:48 PM
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So he died two weeks ago. Will he be voting in the upcoming election?
Old 02-14-2020, 08:56 PM
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Originally Posted by Lifeislarge View Post
So he died two weeks ago. Will he be voting in the upcoming election?
Question is: will you be voting for him?.
Old 02-14-2020, 09:10 PM
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The key witness dies two weeks before trial without being deposed??? Sounds like legal malpractice to me. Was this the first time on a docket or was it specially set? Were they not located until late in the case?

In our county, a case could be in litigation for easily a year before getting called to trial. IMO, unless they were in hiding, it sounds like someone dropped the ball.
Old 02-14-2020, 10:18 PM
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Lots of variables as to what happens. There may be other ways to prove facts. There are exceptions to the hearsay rule, for example. With that said, it is highly unlikely that any statements from this witness would be admissible, unless properly preserved for trial (deposition, affidavit,...).

As to the claim this is legal mal, methinks you jump to conclusions too quickly. Way too many variables. How long has the case been pending. Was there a reason not to depose? Has the case been in suit? Was the witness’s death expected? A fluke?...

Either way, these are all questions for your attorney. And, like I just said in another post, the best advice you can get is: don’t post facts or questions about your litigation cases on the internet or social media. Suggest you speak to your attorney ASAP about this post also (assuming this is for you and not “a friend”).
Old 02-15-2020, 05:05 AM
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Thanks much, no it’s a Tortious Interference case against my company which was BS from day 1. Judge said it was a waste of the courts time at various hearings on motions filed. The witness was an individual who was my client at the time as well as client of plaintiff. There are no other witnesses.

Last edited by Badbagger; 02-15-2020 at 05:27 AM.
Old 02-15-2020, 05:21 AM
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I have to wonder why he wasn’t deposed months ago.
Old 02-15-2020, 05:26 AM
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Hillary...Dat you?

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