Tuesday, October 18, 2011

Better Left Unsaid

The Montana Supreme Court affirmed sanctions against  pro se litigants for non-compliance with court rules and orders as well as abusive behavior during the discovery process.

One of the litigants failed to attend a scheduled deposition. The other would have better off not attending: she told opposing counsel to "blow it out his ass," called the attorneys "disgusting" and "sick," and said that the attorneys "probably [are] going to chase down our witnesses and kill them or whatever." The witness also called the opposing party a "thing" and accused the attorneys of buying off judges.

The court found the lower court did not abuse its discretion by imposing sanctions. Pro se litgants "must still adhere to procedural rules" and "[a]buse of [this] kind will not not be tolerated." (Mike Frisch)


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