My question involves court procedures for the state of: Florida
I don't know the answer to this issue and hoping someone can help.
Civil case, defamation plaintiff pro se. Defendant media Summary Judgment.
Defendant files motion with a bunch of different defenses. Plaintiff wins the important issues. Defendant also threw in "truth" as a defense in one page of about 45.
Defendant deposes plaintiff over two days. Plaintiff can't afford two day deposition transcript and doesn't see the point in spending 1200 bucks on it. In addition, plaintiff agrees another party's attorney can videotape the deposition with the condition a copy be provided. Copy is not provided before summary judgment, and is now only being provided due to court order.
The case is centered on a disputed document which is stolen property, 30 years old from another state. It makes certain statements that are legally impossible. There are motions in limine to exclude it and for a protective order, which the court will hear in June.
Defendant's attorney files plaintiff transcript (or part of it) with the court but does not serve any on the plaintiff.
Plaintiff does not have the transcript and has no idea defendant is going to argue truth to the judge who can't actually weigh any evidence, but has never heard a defamation case before. Defendant argues that plaintiff admitted to truth of the defamation in the deposition (after dozens of questions on it) and out of any context. Only admitted to something in the document, which is not true. Other answers make that clear.
Judge ignores affidavits in the record saying the document is false and exactly why. Judge has not heard the motions to exclude the document which is hearsay, stolen property, admits to major constitutional violations and is confidential as a matter of state law, etc.
Thus, how can the court even admit a deposition question/answer about a document that is likely to be excluded and which it has not yet ruled upon motions concerning that document?
The court then decided that the defamation was in fact true and granted the media defendant summary judgment.
The questions are, can the defendant use a deposition the plaintiff does not have and was not given a copy of relevant pages?
Especially when co-defendant's attorney failed to provide video?
Can the defendant use the answer to one question out of context of all the others to "prove" truth when it is controverted by affidavits previously filed in the case?
A Motion for Reconsideration/Motion for Rehearing has been filed, so this is relevant and will be for an appeal.
There is already a spin off appeal and a few individual defendants so the entire case is not over.