Depo can be conducted at a court house, though I'm not sure if it works like that for out of state depos. There's some complexity there I haven't dove into yet.
Affidavits, while not 100% perfect evidence, are still fairly persuasive in most courts. I think if you look at a lot of rape cases, they essentially come down to he-said/she-said, and one way or the other you're relying on witness testimony.
In this case, Ron and Monica are planning to file a TCPA motion to dismiss. They will probably attach (like Funimation did) sworn affidavits that supports the truthfulness of their statements. If Vic can't impeach the credibility of those statements, Vic loses. If Vic can't produce clear and specific evidence that Ron and Monica knew that the statements were false when they were making them, Vic loses.
Here's the KC texts I could find:
drive.google.com
Assuming those are the same ones you have in mind, here's what I see:
- Ron is offering to sponsor/purchase a booth at KC, but no contract has yet been signed.
- Chris says that if his victims comes forward, based "on our contracts", Vic will be dropped. That reads to me like the contract has a provision that allows them to drop guests for "probable conduct or legal isssues". If true, this is not a contract breach.
- Ron says there is an "Sony investigation" going on, and a "legal investigation" taking place. It's not clear what "legal" means in this context, it could mean civil, criminal, or just "conducted by a law firm"
- Ron claims other shows have dropped him.
In order to prove TI, we do need to know what specific contract terms were breached. I don't see anything here that looks like a breach yet.