July 24, 2017: As reported today by Tony Ortega, attorney Ray Jeffrey has filed a petition with the District Court of Bexar County, Texas to examine the financial records Mark & Monique Rathbun. This is a matter arising from Monique Rathbun’s sudden and unexpected firing of her legal team and dropping her legal case against David Miscavige et. al.
The poster TX Lawyer commented on the Underground Bunker today:
Just to put this in context, this is what’s known in Texas civil litigation as a Rule 202 petition, which allows a potential plaintiff to obtain a court order to take a deposition even where a lawsuit is not pending, so long as you are doing it to investigate a potential claim or suit (or to preserve the witness’s testimony for use in an anticipated suit). They’re a pretty common procedure here in Texas, and most judges routinely grant them when requested. I do note that those document requests are awfully broad, so I would not be surprised if the judge pares them back if the Rathbuns object.
Tony is right that the Bexar County courts use a rotating docket for motions hearings, so you rarely know who’s going to decide your motion before you show up for the 9 am cattle call. And the 15 days referenced in the motion is the minimum amount of notice you have to give to the prospective witness, after the petition has been served on them, before the hearing can be held. It’s unclear whether the Rathbuns have been served yet, but you would ordinarily expect service to have happened by now. So whoever’s watching the docket sheet should look out for return of service and any notice of hearing.
As a practical matter, no halfway competent attorney would ever sue a client on an unpaid contingency fee unless they had a pretty good idea that some kind of payment or exchange was made. If the Church did make any kind of payment to Marty, either as a settlement or for his recent propaganda services, it’s going to be found pretty readily.
And here’s something to keep an eye on: If and when the Rathbuns respond to the 202 petition, who is their lawyer going to be?
1. Document posted by Tony Ortega:
2. Copy of online documents from the Bexar County Court portal: