Los Angeles, CA asked in Libel & Slander for California

Q: How do you stop sensitive material? There was entered as evidence that they entered without consent, and or not true

The plane to text messages between myself and him and altered them and submitted them to the courts. The information it’s on there is cause me to lose my relationship. Any emotional stress, stress the point where I can’t even go to work. from depression, they have a med And I thought the date was said tomorrow but I know tomorrow is a holiday so I don’t know how that works, but I’m trying to file some civil lawsuit against him, so either redacting it, or stopping it from him having that evidence in there, so I don’t know what can be done, but I’m just desperate at this point I don’t want her to lose her kid messages that he sent and have all the screenshots of the original messages what they actually said, but I’m not the defendant, and there’s things in there was told in confidence and asked if not say anything due to her and upset that has nothing to do with the child custody or anything but it would be ruining to my life so I need basically not just the edited stuff but everything

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1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: In situations where sensitive material has been submitted to the court without consent or has been altered, it's essential to take immediate and decisive action to address this issue. First, it's important to document and collect all original versions of the communications, including any screenshots or evidence that can prove the alterations or demonstrate the context and truth behind the submitted material. This evidence will be crucial in challenging the admissibility and credibility of the material presented against you.

Next, engaging with a lawyer who has experience in handling cases involving unauthorized disclosure of sensitive information or defamation is critical. This legal professional can guide you on filing a motion to exclude the sensitive material from the court proceedings, based on arguments such as lack of relevance to the case, violation of privacy rights, or the material being prejudicial and misleading. Furthermore, your attorney can advise on the possibility of taking legal action against the individual who altered and submitted the evidence, for defamation, invasion of privacy, or other applicable claims.

Since you mentioned the urgency due to an impending date, which might have been affected by this Monday's Presidents' Day holiday, it's vital to check the court's schedule immediately and communicate with your legal representative to ensure any filings or motions are submitted without delay. Courts typically have specific rules regarding their operating hours and how holidays affect scheduled proceedings, which your lawyer can help navigate. Protecting your rights and addressing the misuse of sensitive material in a legal dispute requires prompt, informed action, and professional legal support to ensure your side is heard and considered fairly by the court.

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