This office represents Plaintiff, Eric Avogardo, in the above-captioned case. Please accept this letter-brief in lieu of a more formal reply and opposition to Defendants’ Motion for Protective Order pending for April 28, 2017 for the deposition and materials of Nancy Holden, Senior Claims Examiner of Lancer Insurance Company.
The New Jersey Supreme Court Rules governing discovery in civil cases are designed to eliminate as far as possible concealment and surprise at trial, so that cases are decided upon their merits rather than the skill and maneuvering of counsel. Abtrax Pharmaceuticals, Inc. v. Elkins-Sinn, Inc., 139 N.J. 499, 512 (1995). R. 4:14-7 permits parties to subpoena the attendance of witnesses in order to prepare and present
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Recently, the testimony of Mr. Robinson, the owner of Defendant, Circle Gas Station, revealed that a longer surveillance video existed and was provided to Nancy Holden, Senior Claims Examiner of Lancer Insurance Company. The rules are clear that the Plaintiff has a right to know the names, addresses of persons having relevant information, so as to, for example subpoena such persons and question them under oath as to what they know pursuant to standard Form C Interrogatories to be answered by Defendants. Moreover, it raises further questions what other documents are available, but have not been provided to the Plaintiff. Please note that the Plaintiff provided the Defendant with a Notice of Bad Faith Claim and is entitled to deposition for that …show more content…
Rainner, 69 N.J. 50, 350 A.2d 473 (1976), the plaintiff’s demanded that defendant present a print of each film for examination during the deposition and for trial. At the deposition, the defendant’s attorney objected. The Supreme Court reviewed the issue of discoverability of films deciding on: (1) whether there was substantial need for the surveillance, and (2) whether the plaintiff would be unable to obtain the evidence without undue hardship. The Supreme Court held that “full discovery for both sides require that the opportunity be afforded to fill in that gap by interrogation directed to the specific activities filmed.” Id, at 60, 478. Since the decision, the process routinely followed in personal injury litigation to avoid prejudice for the video surveillance to be identified, if there is intent to use it at trial and to allow for the deposition and disclosure of the surveillance
The complaint states that on October 14, 2016, plaintiff Kirk Thompson, a UPS driver, delivered a box to defendant Eleanor Lewis at her single-family home in White Plains, New York. When Mr. Thompson placed the box on the front stoop and rang the doorbell, he heard Ms. Lewis’s dog barking and scratching the other side of the door. Mr. Thompson then walked back to his van when he heard a female voice behind him instructing him not to move. As Mr. Thompson turned around, Ms. Lewis’s dog, Simon, bit him on the arm, requiring surgery for Mr. Thompson and him missing six months of work due to his inability to drive.
custodial interrogations do not need to be recorded to satisfy the due process requirements in the United States. Moreover, there were seven police officers that testified one of which was not even part of their Department so it stands to reason that it is unlikely that seven officers would attempt to circumvent the law. However, it should be noted It is believed that there should be a remedy to the law as the recording of evidence allows for a quicker and more effective examination of the interrogations and better protect the rights of citizens. “An exclusionary rule is a drastic remedy. I believe such a drastic remedy should be applied only after a full hearing of all the policy implications and with adequate notice to law enforcement.
Plaintiff avoids colliding with a barrel race marker that was wrapped with orange padding. Moments later was struck by another snowboarder, David Doolittle where he sustains further injuries. Plaintiff claims Ski Lodge Resort failed to caution about the
a) The police had conducted due investigations including a background search on the ownership of the premises and the vehicle that was being used by the suspects. The background search results corroborated the unidentified police informant’s accounts on the suspect’s identity. Thus the police had probable cause to believe the suspects were involved in criminal activities. b) Based on CRI-2 account of the activities of Mildred, and the background check by affiants, their inference that Mildred was in fact involved in illegal activities was indisputable and as such the affidavit satisfied the test of reliability and the judge needed no further or extra information to issue the search warrant. c) The period the affiants were involved in observing, documenting and piecing together different parts of evidence necessary to form a probable cause as to the conduct of the suspects is sufficient and meets the test of “acting in good faith” to obtain the warrant to search the person of the defendant and vehicle and are not in any violation of the defendant fourth amendment right to privacy.
Case Analysis Paper / Discussion MBA 623 Name: Patel Mukeshkumar Shamalbhai Paper # Turner v. Hershey Chocolate USA, 440 F.3d 604 (3d Cir. 2006) Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim.
ARGUMENT I. The District Court erred in denying the Motion to Suppress because the evidence obtained from Assante’s personal laptop resulted from an intrusive, non-routine border search conducted without reasonable suspicion. The Fourth Amendment protects “[t]he right in people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures . . .”U.S. Const.
All of this evidence can be gathered without Mr. Smith’s consent or initial knowledge as covered by the Patriot
They show proof when the citizen or police officer shows acts of violence. The footage is a solid way of showing evidence and truth as it is needed. For example, to prove when the citizen or police officer does or shows any violence. In the passage, Bridget M. Synan says, “By wearing a camera, the officer can show his or her view of the incident.” Bridget M. Synan displays how police officers can show viewpoints that citizens can not deliver or prove.
Oddie Shoupe, a Tennessee sheriff has recently been sued for proudly stating to his fellow officers that he loves to kill people (foul language was used) right after they shot and killed a man by the name of Michael Dial. Shoupe made this explicit statement under the assumption that his men’s body cameras were turned off and in the trunk of their squad cars. Fortunately, one of the cameras managed to record the audio. The issue at hand is that body cameras are definitely needed, police dishonesty and brutality is a top issue in the world and if body cameras are used, American citizens and the world in general can rest a little easier. Body cameras can help secure evidence in court, keep the police honest to the citizens, and shed
(“The use of body cameras provided the necessary evidence to exonerate police officers falsely accused of misconduct”). There are so many police officers that get accused of doing something bad and the body camera can be useful and will be used for evidence to see if the police officer did something wrong. (“The number of severe misconduct allegations deemed false increased 2.4% with body camera footage, and the number of officers exonerated for less severe allegations related to conduct, courtesy, procedure, and service increased 6.5%”).In addition, this camera footage can be helpful for police officers that get accused of doing something bad when they get a call to go somewhere this can even be helpful for domestic violence. In addition, this camera footage can be helpful for police officers that get accused of doing something bad when they get a call to go somewhere this can even be helpful for domestic
If body cameras ever become a standard across the police force, many lawyers will attempt to discredit them in any way. Also in some of those trails were a police officer is questioned about his conduct ever past situation will get scrutinized. “When a police officer is accused of something will lawyers have the right to subpoena years of camera footage looking for anything problematic” (Tabarrok 2015)? Could you imagine if this system was in place around the O.J. Simpson trial?
This case became the perfect example of why these cameras are necessary, the footage obtained from
The process of a deposition begins with a subpoena being issued to the individual (deponent) to appear at an appointed time and place to testify under oath. During this process, attorneys for both the plaintiff(s) and defendant(s) are present and the
The statements are not disclosed to the witness they have already adopted or approved the information themselves (Saferstein, 2015). The tape-recorded and written