Q: Is it necessary to file motion to compel before filing for spoliation in a P.I. case?
I was assaulted by a hospital employee. The hospital sent two (2 and 5 min.) videos instead of the full sec. camera vid. . The videos they sent are obviously fabricated (they say they were created using software right on them and have green screens on them). Now, after months of waiting (I asked my atty. to file months ago, and to refuse anything but unaltered, orig. footage) my atty. suddenly wants to file mot. to compel instead of spoliation. Two fotoforensics experts say it's obviously altered, edited, compressed, etc. The hosp. is also withholding other evidence. Thank you.
A:
As opposed to attorneys here who do not have any information on your file, your attorney is the one who has overseen the case up until this point, and has the benefit of seeing available evidence, and anticipating what evidence might still be forthcoming. One way to assess the situation could be to ask your attorney their reasons for handling things the way that they do. Good luck
Tim Akpinar
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