What If You Suspect Your Opponent Destroyed Evidence

Running a company is not as simple as it seems. There are times when you suspect that any one of your former employees tried destroying evidence once your firm has sent out the litigation hold letter. In case the company suspects any form of foul play on the other side, then one way to deal with it is by seeking information about the situation within the litigation process.

It is known as “meta discovery.” Even though it might not be a typical litigation practice to follow, it is indeed a necessity in some instances when there is foul play suspected. The discovery process has also been contentious. If you are caught for this action then you must be wondering does a misdemeanor stay on your record. Well, it will stay for a certain span of time for sure!

What do you know about the discovery on discovery?

Also known as “meta discovery,” discovery on discovery is a procedure o requesting information and documentation in any lawsuit regarding the sufficiency of the opposing party’s efforts in order to locate, collect, preserve and produce accurate electronically stored information and other data.

  • This form of discovery might need opposing counsel to help disclose in writing some of the major steps that the opposing party might have gone through to preserve data and respond to all the discovery requests.
  • This method can further be used on demand that the opposing party will produce any designated witness in order to testify about all your efforts to preserve the data now.
  • While this method seems to be pretty useful in some extreme circumstances, it should always be used sparingly as it frustrates normal discovery procedure along with the opposing party and its counsel.
  • The opposing counsel might often view such a request as an improper fishing expedition for some baseless strategy or irrelevant information for driving up the litigation cost.
  • Responding to such discovery requests will also pose a true issue on the other side. Any information that will come out in the limelight will be used as proof against the other party that they have tried tampering or destroyed the evidence.

 If you want to know the answer to does a misdemeanor stay on your record, then the answer will surely be on the positive side.

Ways to go for the discovery on discovery method:

Before your firm tries to go for the discovery on discovery procedure, be sure that you have good grounds for the same. Most of the time, this method is only allowed where you and your attorney have some reasonable grounded concerns that the other party has committed any discovery misconduct.

If they do, then they will ask questions like does a misdemeanor stay on your record, just to be on the safer side? Here, the reasonable ground will cover up some of the major situations. Let’s focus on some such scenes for a better understanding over here.

  • While remaining in the deposition, if the other party admits that his or her firm never issued litigation hold notice to some major custodians of information at the firm, or if the company failed to issue notice within a time zone.
  • The reasonable ground is that when there remains a distinct lack of the produced documents from some custodians or certain timeframes out there.

Mainly due to the contentious nature of any such request, seeking this discovery on discovery method is a formal process to cover. It will need to serve formal discovery requests mainly through interrogations, admission, and 30(b)(6) depositions regarding the opposition party’s preservation efforts and the search methods.

This request happens to be the first step to procure evidence regarding spoliation or destruction of evidence, which can later be used for supporting the motion, to request sanctions against another party. 

At a minimum scale, the effort needs to be used for determining whether the search of the other side for the production of documents was performed with some reasonable diligence.

The other answers:

Remember to focus on questions like does a misdemeanor stay on your record if you want the culprit to get deserving punishment? Well, it is going to stay in their record forever. So, any kind of background check will let others know about the services performed.