Тёмный

How To Prevent Defense From Destroying Documents. When Defense Must Preserve Discovery-Evidence. 

Empowerment Lawyer ● 4 Pro Se Litigant
Подписаться 3,8 тыс.
Просмотров 924
50% 1

It's sad to say, but attorneys, law firms, and other lawsuit participants engage in spoliation, the destruction of material and relevant documents solely to prevent the opposing party from making his or her case. Pro Se, understand that once the defendant knows or reasonably knows that they are being sued, they are on notice that they must not tamper with or destroy documents and material that would assist you in litigation. This video gives example of the triggering moment when the defense or party is on notice that they must preserve evidence. It also addresses sanction remedies available to the party harmed by the spliation. It's important that you are vigilant and protactive.
Nineth Circuit case regarding deletion of text messages by Plaintiff (not Defendant):
cdn.ca9.uscourts.gov/datastor...
States Standing on spoliation cause of action:
www.whiteandwilliams.com/asse...

Опубликовано:

 

17 май 2024

Поделиться:

Ссылка:

Скачать:

Готовим ссылку...

Добавить в:

Мой плейлист
Посмотреть позже
Комментарии : 28   
@PSM5787
@PSM5787 Месяц назад
Ty for doing this video Lucinda
@advocatelucinda
@advocatelucinda Месяц назад
You are welcome.
@jimjones26
@jimjones26 Месяц назад
I have a motion to compel before the court for 16 documents the defendants should have based on their own statements to the court that the followed all applicable laws of the state when they seized, impounded, and sold my vehicle without any pre or post deprivation notice and opportunity to be heard. Can't wait to see how the judge rules. Forgot to add that I sent a notice to preserve documents and evidence right after they took my property.
@advocatelucinda
@advocatelucinda Месяц назад
Good for you! Best.
@embracingchange1130
@embracingchange1130 Месяц назад
I have an ongoing case against a police department where they destroyed a document that took away their probable cause. What they don’t know is I have in my possession their body worn camera of the officer completing and notarizing said document. I later called their records department to get a copy of that document. The detective working the case called me back to tell me they never obtained that document. I told her I know better and will see you in court…. I just served their lawyer yesterday!
@advocatelucinda
@advocatelucinda Месяц назад
Follow the discovery rules to a tee.
@rtoney
@rtoney Месяц назад
Yes, Yes, This is what THEY Do! But God, I got a lot of Information out my Email trash lol before they terminated me...
@advocatelucinda
@advocatelucinda Месяц назад
I assume "they" is your former employer. Are you considering suing them? If so, you may option to send them a letter requesting that they preserve all documents material and relevant to your potential lawsuit. Best
@rtoney
@rtoney Месяц назад
At the Agencies
@911Certifiedrobertwatson
@911Certifiedrobertwatson Месяц назад
I love Lucinda
@advocatelucinda
@advocatelucinda Месяц назад
I appreciate it.
@randyreed5843
@randyreed5843 Месяц назад
The Defendant In My Case Had To Have Destroyed Evidence Because Once I Tried To Retreive It From The Police Station It Mysteriously Dissapeared Out Many Others Mrs. Lucinda I Need Your Help
@advocatelucinda
@advocatelucinda Месяц назад
My contact information is adjunctlaw@gmail. Best.
@Adehead
@Adehead Месяц назад
I have suspicion’s that defendant spoiled evidence. I asked several times that they provide a responsive email and that had several administrators on and counsel in an email told me there was no such document. She offered that some administrators step into the hall and give verbal answers. But the twp parties in the exchange did not work in the same building. In my case as the employee I told them at the start when I sent my documents to them that they had everything as they did on their servers. There was no evidence that I had that they did not or could not obtain. Except for an affidavit from another Employee that was terminated for asking for religious accommodations. And they did not order a copy of the UC hearing which I used as prior testimony under oath where parties were admitting things in my favor or changing the facts to suit their narrative that I behaved badly instead of them not accommodating me.
@TheAlreadytaken24
@TheAlreadytaken24 Месяц назад
Can you do a motion for evidentiary hearing ?
@Adehead
@Adehead Месяц назад
@@TheAlreadytaken24 too late but when i get to trial I certainly know who I well be calling up to question .
@advocatelucinda
@advocatelucinda Месяц назад
In cases were emails are suspectedly deleted, the harmed party may want to hire a forensic specialst to recover the emails and ask the court to order that the opposing side (who deleted the emails) pay the forensic's expenses. This could be expensive, but an option. Were the affidavit and US hearing made available to the court during the proceedings? If not, do you have a window where you can raise these issues?
@Adehead
@Adehead Месяц назад
@@advocatelucinda The affidavit and UC transcript were presented either during Disclosure, Discovery or response in opposition to their MSJ.
@advocatelucinda
@advocatelucinda Месяц назад
It appears your case was not prejudiced from the perspective that the affidavit and transcipt were presented to the court, during disclosure, discovery, or in the motion for summary judgment. Otherwise, the deleted emails is the only issue? And, it appears that the window may have closed for you to address potential deleted emails, unless you can provide the court with extenuating circumstances, to permit you to address them. Despite this being the case, assuming it is, your case is still alive. That should be encouraging to you.
@Dope4life97
@Dope4life97 Месяц назад
My second amended complaint was accepted by the judge, do do I have a deadline to file it? besides me filing it in good faith time
@advocatelucinda
@advocatelucinda Месяц назад
I don't know your case and the circumstances. Usually, the judge states when the amendment is due in the Order. Read it again. Otherwise, you may want to contact the court-clerk to find out when the amendment is due. Best.
@Dope4life97
@Dope4life97 Месяц назад
@@advocatelucinda thank you I appreciate the reply, I’m assuming it’s the 21 days but I’ve been getting it ready for this time to come so I can go in Monday & re-file it.
@advocatelucinda
@advocatelucinda Месяц назад
You are welcome.
Далее
24 часа в самом маленьком отеле
21:19
Clowns abuse children#Short #Officer Rabbit #angel
00:51
The TWO words that MUST appear on your house deed!
1:58
24 часа в самом маленьком отеле
21:19