Comments by "Stephen Villano" (@spvillano) on "LegalEagle"
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@viator1987 so, it's an affirmative defense to say "I was tired".
So, one can then reasonably infer that a plaintiff or defendant that claims fatigue is utterly justified in pulling out a machine gun and killing all of the attorneys in the room.
Both are unlawful acts, both are equally sanctionable, regardless of the length of proceedings.
And for the record, I have given depositions in the past, so I'm well cognizant on how long they can take - especially in federal cases. There are breaks and even multiple sessions in depositions, just to avoid fatigue being claimed in a later claimed erroneous statement being given.
As ShinmaWa1 said, a one off gets overlooked, habitual times becomes at least malfeasance, obstruction and the judge will be getting a phone call that will annoy them.
@SlinkyTWF, that name is a character in a video game series. As one who has had some rather unpleasant interactions with very real terrorists and terrorist organizations, I suggest you acquaint yourself with the rather modest difference between fiction and reality.
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