Thelitigator
Junior Member
In responding to a request for inspection of a document, the defendant makes an objection based upon a false and defamatory statement about the plaintiff. My concern is that this defamatory statement will prejudice the judge even though there's no basis for these statements. What can be done to prevent this from being shown to the court if a motion to compel is issued to the defendant for producing the document for inspection?
Also:
The defendant specifically states that she has a passport that proves she was out of the country years ago as evidence that she was never served with a lawsuit during an adversary proceeding in bankruptcy court in the answer to the complaint. However, when asked for inspection of the passport during discovery, the defendant now states that it is missing and is unable to locate it. Would filing a motion for sanctions for spoliation be appropriate? Also, how likely would the court grant striking the defendant's answer to the complaint? How severe would sanctions be generally?
Also:
The defendant specifically states that she has a passport that proves she was out of the country years ago as evidence that she was never served with a lawsuit during an adversary proceeding in bankruptcy court in the answer to the complaint. However, when asked for inspection of the passport during discovery, the defendant now states that it is missing and is unable to locate it. Would filing a motion for sanctions for spoliation be appropriate? Also, how likely would the court grant striking the defendant's answer to the complaint? How severe would sanctions be generally?
Last edited: