Lone Star
Crusader
Re: Breaking: Rathbun v Miscavige -- Defendants Filed In Appeals Court - Feb 14, 20
TX Lawyer • an hour ago If he denies it under oath in the Rathbun lawsuit, he could potentially be referred to the district attorney's office for possible prosecution for perjury. That would be highly unlikely, in my experience. If the lawsuit were still ongoing, he could be sanctioned by the court or held in contempt, which also carries the possibility of jail time (you can be jailed up to 6 months for civil contempt in Texas) -- but jail time for contempt would be highly unusual these days. Most likely, he'd either get a relative slap on the wrist (since the topic isn't really germane to Mrs. Rathbun's lawsuit) or, if the lawsuit is already over, nothing whatsoever would happen on the legal end.
As a practical reality, courts are well aware that somebody in the typical civil suit is lying to them. Unless it's really bad, and the proof of perjury is indisputable, not much happens.
TX Lawyer • 4 hours ago
Admitting to a fact doesn't mean they are admitting to a cause of action. Sending the SB's to
Texas does not establish that the SB's did anything that is legally actionable by Monique R.
TX Lawyer • 5 hours ago Right. But when you're trying to convince the court of appeals that Miscavige's deposition is necessary and appropriate, why would you make it sound like the evidence already conclusively establishes his responsibility for directing the harassment campaign?
TX Lawyer • an hour ago If he denies it under oath in the Rathbun lawsuit, he could potentially be referred to the district attorney's office for possible prosecution for perjury. That would be highly unlikely, in my experience. If the lawsuit were still ongoing, he could be sanctioned by the court or held in contempt, which also carries the possibility of jail time (you can be jailed up to 6 months for civil contempt in Texas) -- but jail time for contempt would be highly unusual these days. Most likely, he'd either get a relative slap on the wrist (since the topic isn't really germane to Mrs. Rathbun's lawsuit) or, if the lawsuit is already over, nothing whatsoever would happen on the legal end.
As a practical reality, courts are well aware that somebody in the typical civil suit is lying to them. Unless it's really bad, and the proof of perjury is indisputable, not much happens.
TX Lawyer • 4 hours ago
Admitting to a fact doesn't mean they are admitting to a cause of action. Sending the SB's to
Texas does not establish that the SB's did anything that is legally actionable by Monique R.
- TX Lawyer • 5 hours ago He wouldn't need to be extradited. The judge in California or Florida or wherever would just have him brought to the courthouse or some other location so his deposition could be taken. But we're getting awfully far down the line of speculation here. I would wager money that after Miscavige has exhausted his mandamus and other procedural options to attack this order, he will appear for a jurisdictional deposition at which he will deny everything and attempt to say as little as possible, then have his lawyers do everything possible to keep that deposition out of the public record.
TX Lawyer • 5 hours ago Right. But when you're trying to convince the court of appeals that Miscavige's deposition is necessary and appropriate, why would you make it sound like the evidence already conclusively establishes his responsibility for directing the harassment campaign?