Q: Copyright Lawsuit - ESI
Four months prior to filing my lawsuit as a pro se litigant, I wrote a letter to the company I am now suing requesting preservation of ESI (in particular, security video). I also sent a second notice months after the filing of the case. Both letters were sent via certified mail. That security video would prove my case and fully expose false allegations made by opposing counsel. Now, after 1-1/2 years as the parties are in discovery, defendant claims they no longer have video. I am now filing a Motion to Compel. Any suggestions as to how I can prove intent or what my next steps should be?? Your response is greatly appreciated.
A: Well, this isn't really a copyright question, but an evidentiary question. The failure to preserve or produce relevant evidence in a civil case can have consequences to the party who failed to preserve/produce. The legal concept is called spoliation. You should research that topic to address in any motion that you file. Take a look at the Arizona Rules of Civil Procedure, Rules 37, 45.2, and 26(b). However, it sounds like your case is getting pretty far "into the weeds," and may be headed for trial. I find it really hard to recommend any party to take a case to trial without counsel, and similarly, if the case is destined to go to trial, it's hard to recommend that you not seek the help of an attorney now. Mistakes made now can really cost you later on at trial, when it's too late for an attorney to fix them.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
