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Asked for statement re alleged defamation

  • 12-03-2019 5:42pm
    #1
    Registered Users, Registered Users 2 Posts: 17


    Hi.

    I girl i went to school with is currently being sued for defamation for things she posted recently on facebook about things that happened to her when she was a teenager. She has recently asked me would i give an affidavit of a talk she gave in school back in 1996 when we were in transition year. I refused because i dont remember the details of the talk or speech just that she gave one and i don't feel comfortable signing a legal document under oath when my memory of 23 years ago is sketchy at best. She is saying if i dont sign or give affidavit that the opposition will force me to testify and that they will be calling more from the class of that year. My query is will i be forced into testifying to something that i barely remember or is this a scare tactic to get me to sign an affidavit.
    Im very concerned as i do not want to dragged into a case i have nothing to do with just cos i went to school with this girl.


Comments

  • Registered Users, Registered Users 2 Posts: 25,622 ✭✭✭✭coylemj


    The opposition will not force you to testify if you tell them nothing. Because nobody calls a witness unless they know that they will have a convincing story to tell and which is favourable to their client.


  • Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    Shes talking out her hole.


  • Registered Users, Registered Users 2 Posts: 17 scrappyshelly


    coylemj wrote: »
    The opposition will not force you to testify if you tell them nothing. Because nobody calls a witness unless they know that they will have a convincing story to tell and which is favourable to their client.

    Thanks. I didnt feel comfortable signing any legal document when i cant remember last month let alone 23 years ago. She claims the opposition has a list of the class name of that year which seemed dodgy to me i think she was trying to scare me into signing.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    Title amended for clarity


  • Registered Users, Registered Users 2 Posts: 4,065 ✭✭✭Miaireland


    Sounds like she is trying to scare you into signing. Unlikely the other side will call you. I would have thought that with GDPR the school would not be able to give out the names of other people. Also if you cannot remember, you cannot remember. They don't even know if you were in School that day.


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  • Registered Users, Registered Users 2 Posts: 17 scrappyshelly


    Miaireland wrote: »
    Sounds like she is trying to scare you into signing. Unlikely the other side will call you. I would have thought that with GDPR the school would not be able to give out the names of other people. Also if you cannot remember, you cannot remember. They don't even know if you were in School that day.

    I was thinking that wad speaking to another girl from school shes trying the same with her. Thanks for your response


  • Registered Users, Registered Users 2 Posts: 25,622 ✭✭✭✭coylemj


    Is she trying to put a script under your nose and asking you to sign it as an affidavit? Has she 'suggested' what might be in your affidavit i.e. is she supplying a list of 'facts' that she would like you to backup with a sworn statement - even though you have told her that you don't remember?


  • Registered Users, Registered Users 2 Posts: 17 scrappyshelly


    coylemj wrote: »
    Is she trying to put a script under your nose and asking you to sign it as an affidavit? Has she 'suggested' what might be in your affidavit i.e. is she supplying a list of 'facts' that she would like you to backup with a sworn statement - even though you have told her that you don't remember?
    She has listed facts at me when she asked when i said i didnt remember . I remember she gave a talk in school i dont remember what she said in detail i wasnt even paying attention tbh but im not going to lie and say i do when i dont. /Mod deletion/. I dont want to be dragged into her court affairs.


  • Registered Users, Registered Users 2 Posts: 22,412 ✭✭✭✭endacl


    “I don’t recall”.


  • Registered Users, Registered Users 2 Posts: 25,622 ✭✭✭✭coylemj


    Tell her you don't recall to a sufficient degree to be a trustworthy witness in a court case and if she attempts to help you to 'remember' facts as supplied by her, you will contact the other side to inform them what she's at and will offer yourself to them as a prospective witness to expose how she is trying to coach witnesses.

    If she's trying to bully you into coming onto her side, you need to push back strongly and threatening to go to the other side to expose what she's at is the best way to get her off your back.


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  • Registered Users, Registered Users 2 Posts: 3,926 ✭✭✭Grab All Association


    She has listed facts at me when she asked when i said i didnt remember . I remember she gave a talk in school i dont remember what she said in detail i wasnt even paying attention tbh but im not going to lie and say i do when i dont. Mod deletion. I dont want to be dragged into her court affairs.


    I’d remove this statement from your post if I were you otherwise she’ll probably try sue you too.

    Mod: Statement deleted


  • Registered Users, Registered Users 2 Posts: 2,625 ✭✭✭AngryHippie


    I’d remove this statement from your post if I were you otherwise she’ll probably try sue you too.

    and she'd be talking out of her hole again


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