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To: tutstar
discovery in law: being able to get all kinds of documents, photographs, information that MS's attorney may have or knows about, examine witnesses (depositions under oath or testimony at trial under oath---getting people to tell you things that might help your case, all under oath).

The "discovery" process usually takes weeks. MS's attorney is trying to "circumvent" that process.

Also, Bush's attorney said it appeared that MS's attorney was trying to get an "ex parte" order. This means that MS's attorney was trying to get the judge to issue an order based on a legal document that Bush did not have (legally) or did not know about, until AFTER the judge ruled.

Ex parte orders are highly unusual. It goes against everything "fair" about the judicial system.....what your're trying to do is go behind the back of the party you're against and get the judge to do something that person won't know about until the judge issues the order. This should only be done in extreme circumstances, such as a judge issuing an search warrant on a party who the police will arrest---they must have a compelling reason to "go behind someone's back."

Bush's attorney said that MS's lawyer did not meet the threshold required for that kind of ex parte contact with the judge. This was not "life threatening" that the feeding tube be withheld. Then the attorney also said that there were other procedures that could be followed if and when something is not life threatening, but a party still wants immediate action from a judge.....but Bush's attorney said even those procedures were not followed by MS's attorney.

681 posted on 11/06/2003 7:40:06 PM PST by nicmarlo
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To: nicmarlo
See, these kind of errors and failures show that now MS's attorney is fighting with the big boys.



683 posted on 11/06/2003 7:41:38 PM PST by Robert A Cook PE (I can only support FR by donating monthly, but ABBCNNBCBS continue to lie every day!)
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To: nicmarlo
guess Felos and gang aren't too happy...

Thank God for bringing some good heads to the right side!

thanks for your explanations!!!!!!!!
686 posted on 11/06/2003 7:44:47 PM PST by tutstar
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To: nicmarlo
Excellent summary of the motion filed by Ken Connors for Jeb Bush. If Felos' motion (challenging the constitutionality of Terri's Law) is NOT dismissed, Felos will have to:

* properly serve Jeb Bush, according to the laws of civil procedure

* possibly hand over all Terri's medical records and all associated reports, according to the rules of discovery

Connor pointed out that Greer has decided certain 'facts' but Connor asserted that Jeb Bush has the right to examine the evidence, under the rules of due process, especially in a case of life and death.

Connor also contends that Felos request for an injunction (asking the court to bar the re-insertion of the feeding tube) is moot because the feeding tube had been re-inserted prior to the injunction being filed.

I think Felos is looking into the business end of a BIG CANNON. :0

* allow Jeb Bush to consider
704 posted on 11/06/2003 8:11:41 PM PST by msmagoo
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To: nicmarlo
Sounds like Felos has met his match in Connor and then some. God, I love it when human cockroaches are exposed to the light! Hehehe....I'm reminded of the old Raid commercial....the one with the cockroach shouting: RAID!
718 posted on 11/06/2003 8:46:02 PM PST by sweetliberty ("Having the right to do a thing is not at all the same thing as being right in doing it.")
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To: nicmarlo
Look like the Judge is not planning on playing by the rules. Can't say I'm suprised considering the railroading of Clearwater Judges in Terri's case to predetermined ends. What's next?
1,064 posted on 11/07/2003 5:01:39 PM PST by pc93 (A good site to visit is http://www.terrisfight.org . Oct. 15th 2pm death order must be stopped)
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