Court Overrules Craig Wright’s Objections during Deposition About Kleiman and ‘Satoshi’s’ Bitcoin
The ongoing lawsuit between the estate of Dave Kleiman and creator of Bitcoin SV, Dr. Craig Wright, saw a new turn when the Court overruled Dr. Wright’s objections raised to answering certain questions.
During the deposition, the self-proclaimed creator of Bitcoin was asked questions about his marriage which he declined to answer citing marital privilege.
Discovery and Deposition
Lawsuits have a discovery process where litigants get a good idea of everything that is needed for the case. The law allows both parties to discover whatever they can that might help their case.
This could include written questions, a request for admission where the other side is asked to confirm or deny specific things or a request from one side to another, asking for documents important to the case, to be released.
Another method to discovery is a deposition.
What is a Deposition?
In the United States Law, a deposition is simply the taking of an oral statement or report from a witness, which is sworn, happens out of court and before the trial. The main purpose of a deposition is to get what exactly the witness knows so that all parties can be apprised of this information before the trial so that none of the parties are taken aback.
During a deposition, the lawyer on the defending side is legally allowed to raise objections as they deem fit, if they feel a question being asked is argumentative, leading or if it assumes too much.
Another reason for an objection during a deposition is privilege. There are legally recognised privileges that could prevent a person from answering certain questions. This could include marital privilege, attorney-client privilege, physician-patient privilege and a few others.
Dr. Wright’s Objection
During a deposition that took place on the 4th of April 2019, Wright was asked a question or two about a former wife. However, he refused to answer and when asked why, he said:
“I am not refusing to answer questions. I have an oath that has been filed within a court in Australia. I will not breach oath and perjure myself or break oath. You are asking me to break oath, and unless instructed by a judge, I will not do that.”
When asked about his second wife, Wright still refused the questioning specifically saying:
“My wife is privileged in the UK. My marriage is privileged. You should know that, as a lawyer. Are you seeking to have me breach marital privilege?”
The Court’s Position
The Court has however, after a briefing, overruled Wright’s objection. The ruling says:
“The Court further finds that Dr. Wright’s objections were unfounded under Florida law. The questions did not elicit marital communications and therefore would not have been protected by the Florida marital privilege.”
However, despite the overruling, a surprising part of the Court’s position has it that the decision as to whether the deposition would reopen will not be made until after Wright fulfils the Court’s initial orders for his Bitcoin Addresses to be submitted.