Phil Just Got Served?

#501
#501
JZVOL said:
I don't see how a subpoena served to CPF through an Alabama law firm gives our team more motivation to win the SEC. Most of the guys on the team were like 9-13 when all this stuff happened.
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the players will have his back. it's not what he did back then, but the fact that this happened and where it happened. i have a feeling they will be fired up to play bama. that's the way we were in college.

ex. my sr. yr we played a school in Louisville, KY. We had beat them before. Well during pregame, we went out on the court about an hr before the game to shoot. Our coach and their coach were talking. All the sudden their coach flips out, goes ape, and is screaming they got cheated when they played us at home. well needless to say we were pissed at this homer.

We went out and drug them thru the mud. ah it felt great, the coach wouldn't shake hands after the game.
 
#502
#502
IPorange said:
I missed the part in any of these articles where he was told he was being served a subpoena. Apparently a guy dressed as a fan came up to the vehicle door and said, "I've got something special for you" and then tossed it in his lap. That is in no shape or form a presentation of a subpoena.
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Yes, that's pretty much how it works.

You don't tell someone you are going to serve them before you serve them if you believe there is a chance they will avoid service. That only gives them the opportunity to make service more difficult. You hand them the document, or toss it in their lap, and it is done.

Maybe in divorce or criminal proceedings avoidance of service is more common, but in my experiences, service has usually been made to the party's attorney or to corporate offices, so having to hunt someone down and surprise them is pretty rare.
 
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#503
#503
I have no legal background, but doesn't one have to state that "you've been served" to execute the serve - particularly if its only a nondescript manilla envelope?

Or have I just seen too many movies?
 
#504
#504
Vol Mania 21 said:
the players will have his back. it's not what he did back then, but the fact that this happened and where it happened. i have a feeling they will be fired up to play bama. that's the way we were in college.

ex. my sr. yr we played a school in Louisville, KY. We had beat them before. Well during pregame, we went out on the court about an hr before the game to shoot. Our coach and their coach were talking. All the sudden their coach flips out, goes ape, and is screaming they got cheated when they played us at home. well needless to say we were pissed at this homer.

We went out and drug them thru the mud. ah it felt great, the coach wouldn't shake hands after the game.
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They will definitely have his back. The players have always had CPF's back. This is just one more thing of motivation that will hopefully push us to the top of the SEC this year.
 
#505
#505
In an interview with Mike Slive this morning he was asked if subpeona-gate would cause the SEC to look at moving Media Days. His response was - it sure doesn't help. He was asked to elaborate, and he again just simply stated - it sure doesn't help.

This will be very telling to see how far this goes. If Media Days does move, it will be an endorsement of Fulmer's power within the SEC.
 
#506
#506
Local proceedures may vary, but I don't really think so. If you place a document in someone's posession, you've served it, whether you speak some magic words or not.

EDIT: That was supposed to be a response to General Jack, but I can't seem to get the quote in there. My computer is having a bad day.
 
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#507
#507
cotton said:
Local proceedures may vary, but I don't really think so. If you place a document in someone's posession, you've served it, whether you speak some magic words or not.

EDIT: That was supposed to be a response to General Jack, but I can't seem to get the quote in there. My computer is having a bad day.
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That makes sense... but it does bring up an interesting argument, at least in my mind, on whether or not "possession" can be established if someone didn't really notice what was dumped in their lap, in their car, etc. Probably some precedents here related to drug or alcohol possession in a vehicle...

Anyway, Fulmer now admits that he has looked at the document, so whether or not he realized what he had been given yesterday morning is a moot point IMO.
 
#508
#508
General Jack said:
Anyway, Fulmer now admits that he has looked at the document, so whether or not he realized what he had been given yesterday morning is a moot point IMO.
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Avoidance of service is kind of silly, anyway. In the end, service is always made. It was done this way for shock effect and media coverage.

Without going too far down an unproductive, off-topic road, I think if it is dropped in your lap, you've been served whether you realize what you have been given or not. If you've got it, you've got it. It becomes assumed that the servee(?) will open the mail. I can't imagine standing up and arguing, "Your honor, it isn't that I didn't comply, it's just that I just never knew what that document placed in my hand in front of 75 television cameras said..."
 
#509
#509
Well, then I am wrong. I thought part of serving a subpoena was to inform them they were being served. Otherwise, why not just use a courier service?
 
#511
#511
cotton said:
Avoidance of service is kind of silly, anyway. In the end, service is always made. It was done this way for shock effect and media coverage.

Without going too far down an unproductive, off-topic road, I think if it is dropped in your lap, you've been served whether you realize what you have been given or not. If you've got it, you've got it. It becomes assumed that the servee(?) will open the mail. I can't imagine standing up and arguing, "Your honor, it isn't that I didn't comply, it's just that I just never knew what that document placed in my hand in front of 75 television cameras said..."
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I agree, there's got to be some personal accountability at some point.
 
#512
#512
IPorange said:
Well, then I am wrong. I thought part of serving a subpoena was to inform them they were being served. Otherwise, why not just use a courier service?
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If you are talking about UPS or FedEx, then a delivery would probably be signed for by a secretary, and it would be difficult to prove that Phil had been served personally.

If you are talking about a legal "Messenger" service, that is exactly what is done much of the time (and it actually could have been done in this case. I don't know who actually employed the server.)

In really difficult cases of service, law firms often use a PI or the sherriff to serve.
 
#515
#515
lawgator1 said:
Well, the problem with that theory is that there is at least some reason to think that they HAD to serve him while he was media days, i.e. they couldn't serve him outside of Alabama. Someone else said thay thought that the law on that had changed, but I wonder if that's right.
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That was me. It's Public Chapter 908, Public Acts of 2008. The "Uniform Interstate Depositions and Discovery Act" took effect on July 1, 2008, but after reading the text of the Act it appears to me that it would only apply if the party that issues the subpoena wants to conduct the deposition in Tennessee. It also appears that under the new Act the TN Rules of Civil Procedure apply so a motion to quash would be properly filed and argued in the TN court from which the foriegn subpoena is issued in TN. I have a feeling that Knox Co. Circuit Court judges would be much more amenable to quashing than a judge in AL.
 
#517
#517
VolunteerHillbilly said:
That was me. It's Public Chapter 908, Public Acts of 2008. The "Uniform Interstate Depositions and Discovery Act" took effect on July 1, 2008, but after reading the text of the Act it appears to me that it would only apply if the party that issues the subpoena wants to conduct the deposition in Tennessee. It also appears that under the new Act the TN Rules of Civil Procedure apply so a motion to quash would be properly filed and argued in the TN court from which the foriegn subpoena is issued in TN. I have a feeling that Knox Co. Circuit Court judges would be much more amenable to quashing than a judge in AL.
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Willing to wager that the Tennessee court has jurisdiction to hear a motion to quash a subpoena if the subpoena was served in Tennessee, but not if it was served in Alabama. Just because Fulmer is a Tennessee resident should not give Tennessee courts authority to rule on civil procedure in another state, where he happened to go and get served.

Put it this way, I'd be real surprised by that.
 
#518
#518
General Jack said:
Why are we focusing on criticizing Fulmer? Remember, he was acting on spur of the moment... had much bigger things on his mind. When was the last time any of you had to go on stage before hundreds of people... moreover, hundreds of media outlets. When I'm getting ready to speak in front of a board with only 20 individuals, much less hundreds... I wouldn't pay much attention to some jerk-off tossing a piece of paper in my direction. How can you expect him to handle this matter perfectly on the fly?

Shouldn't the idiot bammer lawyers be the focus of our ire?

I don't think Fulmer is the greatest coach, and I've been plenty critical of him, but he is one of our own... and he's still guiding our beloved team in the '08 season. This whole mess has actually driven me to a greater support of the man.

I'd much rather be critical of how he manages the florida game than how he handles a ridiculous lawsuit from a delusional bammer.
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Amen amen amen!!! Why are you jumping on Fulmer? What kind of reaction is that?? OWH you're wrong for bashing our own in this case.
 
#519
#519
I'm not bashing Fulmer other than for his choice to deny getting the subpoena. Would have been much smarter to say no comment. Him denying it, when he got it, became the story.

I understand he was caught off guard and was perhaps a bit flustered. That's why I don't think its a big deal.
 
#520
#520
BigPapaVol said:
that sounds about right. Hamilton must have foreseen this issue and already have done the math. He must have anticipated about 12 depositions. That would account for the pay cut CPF's performance has warranted, yet the pay increase.

Thanks, it finally makes a bit of sense.
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I was thinking this new deal for bammer depositions would be an incentive that goes above and beyond what CPF has already earned in his earlier raise.:dance2:
 
#521
#521
General Jack said:
Why are we focusing on criticizing Fulmer? Remember, he was acting on spur of the moment... had much bigger things on his mind. When was the last time any of you had to go on stage before hundreds of people... moreover, hundreds of media outlets. When I'm getting ready to speak in front of a board with only 20 individuals, much less hundreds... I wouldn't pay much attention to some jerk-off tossing a piece of paper in my direction. How can you expect him to handle this matter perfectly on the fly?

Shouldn't the idiot bammer lawyers be the focus of our ire?

I don't think Fulmer is the greatest coach, and I've been plenty critical of him, but he is one of our own... and he's still guiding our beloved team in the '08 season. This whole mess has actually driven me to a greater support of the man.

I'd much rather be critical of how he manages the florida game than how he handles a ridiculous lawsuit from a delusional bammer.
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Well-stated!
 
#522
#522
Vol Mania 21 said:
the players will have his back. it's not what he did back then, but the fact that this happened and where it happened. i have a feeling they will be fired up to play bama. that's the way we were in college.

ex. my sr. yr we played a school in Louisville, KY. We had beat them before. Well during pregame, we went out on the court about an hr before the game to shoot. Our coach and their coach were talking. All the sudden their coach flips out, goes ape, and is screaming they got cheated when they played us at home. well needless to say we were pissed at this homer.

We went out and drug them thru the mud. ah it felt great, the coach wouldn't shake hands after the game.
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I doubt we really needed a(nother) reason to get fired up for the bammers, but I know what you're saying.
 
#523
#523
lawgator1 said:
Willing to wager that the Tennessee court has jurisdiction to hear a motion to quash a subpoena if the subpoena was served in Tennessee, but not if it was served in Alabama. Just because Fulmer is a Tennessee resident should not give Tennessee courts authority to rule on civil procedure in another state, where he happened to go and get served.

Put it this way, I'd be real surprised by that.
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I agree with you. I think that is the reason that they did not serve him in TN under the new law.
 
#524
#524
I just don't see why the strategy wasn't "I don't have all the information on that yet." and move on.
 
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