A
AKMOORE
Guest
What is the name of your state? California
Currently involved in a civil case - In the middle of Discovery Phase, I subpoena'd all pertinent files, electronic media, business information, site information, documents etc. from a non-party, (web-hosting company for the plaintiff) They did not comply fully...and before I was able to get an order for compliance, the other party to this suit. (the plaintiff) went to the hosting site, and removed all documents, files, disks, etc. that were under subpoena from the posession of the hosting company. Furthermore, the webhosting company has informed me that they were given instructions to not cooperate with the subpoena by the plaintiff's counsel.
My question is ... Who is in trouble here??? the web hosting company? the Plaintiff for tampering with subpoena'd discovery??
Can the plaintiff and/or the hosting co be charged criminally?
if so, what would be the outcome of that charge?? what type of sentence or crime is what has happened in this discovery dilemma? I have searched and cannot find the answer in findlaw.. help please
Currently involved in a civil case - In the middle of Discovery Phase, I subpoena'd all pertinent files, electronic media, business information, site information, documents etc. from a non-party, (web-hosting company for the plaintiff) They did not comply fully...and before I was able to get an order for compliance, the other party to this suit. (the plaintiff) went to the hosting site, and removed all documents, files, disks, etc. that were under subpoena from the posession of the hosting company. Furthermore, the webhosting company has informed me that they were given instructions to not cooperate with the subpoena by the plaintiff's counsel.
My question is ... Who is in trouble here??? the web hosting company? the Plaintiff for tampering with subpoena'd discovery??
Can the plaintiff and/or the hosting co be charged criminally?
if so, what would be the outcome of that charge?? what type of sentence or crime is what has happened in this discovery dilemma? I have searched and cannot find the answer in findlaw.. help please