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ICLAWBLOG – Injunction against...

ICLAWBLOG – Injunction against Hood extended through date of hearing

By: Magnolia Tribune - January 25, 2008

Injunction against Hood extended through date of hearing

Yesterday, in State Farm v. Hood, here’s what happened.

This order by Judge David Bramlette extended the State Farm injunction through the date of the hearing on Hood’s motion to dissolve it — February 6.

This order by Magistrate Judge Michael Parker orders Hood to appear at the hearing to testify, and also allows State Farm to take the deposition of Dickie Scruggs for use at the hearing “as this witness many be outside of the subpoena power of this court and, therefore, may not be available to testify live at the hearing.” Why wouldn’t Scruggs be available? Hmmm, what if he pleaded guilty and were in custody elsewhere? Of course, the reference could simply be to the rules on trial subpoenas, which state that they are enforceable on witnesses only if the witness is found in the judicial district or within 100 miles of the courthouse. It’s much easier to get a deposition of someone than it is to make them testify at trial.

State Farm lost no time noticing the deposition of Scruggs for February 1.

Insurance Coverage Blog
1/25/8

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Magnolia Tribune

This article was produced by Magnolia Tribune staff.