Texting from Witness Stand = Case Thrown Out

Texting to the Witness Stand is an “Egregious and Deliberate Attempt to Subvert Our Justice System”

Aug 18th, 2009 | By Laura Bergus | Category: Courtroom Technology, Featured, Lead Article, Social Media

A Circuit Court judge in Miami-Dade County, Florida, this week dismissed a civil fraud case brought by Sky Development against Vistaview Development. The suit claimed that Vistaview misrepresented the number of units in a condo tower Sky purchased from Vistaview last year.

The dismissal comes after a mistrial mid-May, when Judge Scott Silverman deemed text messaging between two Sky Development officials in court, one of whom was on the witness stand, as “completely…absolutely outrageous.”

Sky Development has been in hot water with the judicial system before, when a magistrate reprimanded Sky’s chief operating officer Gavin Sussman for passing a note to a witness during a deposition in March. Just a few weeks before the trial, Sky Development was served with three foreclosure suits, totalling approximately $37 million. And now, the Vistaview Apartments (the purchase that led Sky to file the dismissed fraud suit), have heaped an additional $49 million onto the foreclosure bill.

While this appears to be a simple case of a desparate plaintiff breaking the procedural rules in an attempt to gain some ground, it is worth noting that Judge Silverman gave a pointed warning in his August 11 dismissal order to attorneys and other courtroom participants on the use of what he calls “helpful technologies,” such as texting.

Regretfully, plaintiff through its unacceptable conduct has reached into the court’s quiver of sanctions, drawn the bowstring taut and aimed the arrow at the heart of its own case. This court has justifiably released the string. … Nothing this judge has seen holds a candle to plaintiff’s egregious and deliberate attempts to subvert our justice system. … This case emphasizes the need for judges and attorneys alike to be vigilant.

This case is another good lesson in legal ethics and is persuasive in teaching lawyers and clients alike to follow procedural rules, regardless of the technology at issue.

Twitter Trackbacks for Texting from Witness Stand = Case Thrown Out | Social Media Law Student [socialmedialawstudent.com] on Topsy.com August 28th, 2009 10:45 pm :
[...] Texting from Witness Stand = Case Thrown Out | Social Media Law Student socialmedialawstudent.com/social-media/texting-to-the-witness-stand-is-an-egregious-and-deliberate-attempt-to-subvert-our-justice-system – view page – cached Plaintiff in a civil fraud suit in Florida had his case thrown out with prejudice after texting a witness during the trial – while the witness was on the stand. Plaintiff had been reprimanded previously for passing a note to a witness during a deposition., A Circuit Court judge in Miami-Dade County, Florida, this week dismissed a civil fraud case brought by Sky Development against Vistaview Development., Plaintiff in a civil fraud suit in Florida had his case thrown out with prejudice after texting a witness during the trial – while the witness was on the stand. Plaintiff had been reprimanded previously for passing a note to a witness during a deposition. — From the page [...]
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[...] Whenever this finally gets decided, we can hopfully all agree on one thing -Tweeting on the witness stand would be an egregious and deliberate attempt to subvert our justice system. [...]
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