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Author Topic: Unusual question  (Read 1156 times)

annemichellesdad

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Unusual question
« on: Oct 13, 2006, 11:15:36 AM »
Hello Soc... I know that this is an unusual question, so PLEASE be gentle on me!

During an unrelated domestic case with the same defendant, incriminating statements were made in the judge's chambers that are material to this new case. No court reporter was present... just my attorney, the pro se defendant, and the judge.

1 - Can a judge serve as a WITNESS in another court in a different county and on a different case (civil damages)?

2 - Are statements made in chambers by either an attorney, a pro se litigant, or a judge "priviledged" in any way?

3 - IF a judge can serve as a witness, naturally one would want them to do so voluntarily. If they didn't wish to, do they enjoy any particular "immunities" from subpoena (as they enjoy immunity from prosecution).

Again, I understand this question may seem a bit naive. They are extremely unusual circumstances, however, and it's probably not an issue that gets raised every day! I can honestly say, though, that the statements made in chambers are VITAL to the case at hand.

Thanks!
 


socrateaser

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RE: Unusual question
« Reply #1 on: Oct 13, 2006, 12:43:57 PM »
>1 - Can a judge serve as a WITNESS in another court in a
>different county and on a different case (civil damages)?

Yes, but the judge will conveniently not be able to remember anything that was said in chambers, so you'll be wasting your time subpoenaing him to testify.

>
>2 - Are statements made in chambers by either an attorney, a
>pro se litigant, or a judge "priviledged" in any way?

If the statements are offerred to prove liability on the matter at issue in the instant case -- yes. If offerred for some other purpose, like some other case with different issues, then no.

>3 - IF a judge can serve as a witness, naturally one would
>want them to do so voluntarily. If they didn't wish to, do
>they enjoy any particular "immunities" from subpoena (as they
>enjoy immunity from prosecution).

See #1, above.

>Again, I understand this question may seem a bit naive. They
>are extremely unusual circumstances, however, and it's
>probably not an issue that gets raised every day! I can
>honestly say, though, that the statements made in chambers are
>VITAL to the case at hand.

Not naive, just a dead end.

annemichellesdad

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RE: Unusual question
« Reply #2 on: Oct 13, 2006, 12:55:43 PM »
Very helpful, Soc, much thanks!




 

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