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tampering with evidence?

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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
 


I AM ALWAYS LIABLE

Senior Member
AKMOORE said:
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

My response:

Let me guess . . . you're acting as your own attorney in this matter.

IAAL
 
A

AKMOORE

Guest
ok, the answer to that observation is actually very complex. I am not acting as my own attorney, however i am providing all the legal support for the other defendants in the case. As it is my ex who is suing .. and to get at me he has involved/included some of my very good/close friends-business associates who are not able to afford legal representation. I am on the fast-track law-school program "litigation ad nauseum" I luckilly have a pro-bono law firm... Sheppard and Mullin.. my co-defendants.. are not as fortunate. However, there are things such as the "tampering" that arise and I cannot wait to find out the ramifications of these events ... I want to know now, not later when my lawyer finally calls me back.. besides that, I don't like to bother them with too many questions regarding procedure...etc. as they know the law, they know what they are doing, and I am just the luckiest woman in the world to have been privy to over $200,000 worth of legal expertise to date in this frivilous forray with the justice system. So, back to my question, have you an answer?
 
A

AKMOORE

Guest
to I AM Always Liable.....

Ok, so you asked me a simple question.. I gave a tediously long answer, but you never gave me any information on my original cunundrum... Is it tampering??? Who is in trouble? and what can happen to them??? Please.. be a nice person.. I do enjoy your rapier wit, combined with your clearly defined convictions and opinions.. However i would also enjoy it if you gave me an answer..or opinion, or general rule..??

Thank you soooo much,.... :eek:
 
H

hexeliebe

Guest
The reason IAAL asked if you were acting as your own attorney is quite clear. You are not equipped to handle the situation. If you had had an attorney he would have immediately filed to compel compliance regardless of what occurred.

Also, it sounds like the oppossing attorney knows you have no representation and is taking advantage of it and your lack of knowledge of the procedures to strong-arm the hosting company.

GET AN ATTORNEY NOW!
 

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