Tue 9 Feb 2010
Can You Sue The Defendants Lawyers In Federal Court For Concealing Evidence In A State Case?
Posted by admin under February[7] Comments
In a civil rights case, don’t both parties the plaintiff and the defendants have to disclose all the evidence that they have in the case. Can I sue the defendants lawyers for concealing evidence?
February 9th, 2010 at 8:46 am
Not sure exactly what evidence the defense would be required to share..the prosecution is obligated to share any exculpitory evidence they might have, along with evidence they intend to introduce at trial,and a list of witnesses to be called..the defense normally dosent have a obligation to disclose much that they might have (theres a few laws PROHIBITTING it in fact, along with a constitutional right against self incrimination) so unless the defense knowingly suborned purgery ,Thier probably safe. If they knowingly allowed a false evidence or testimony,then you might have something to move on to the court or ethics committee..Part of the defenses job is basicly ,concealing evidence,thats one of the problems with our legal system.
February 9th, 2010 at 3:07 pm
You first of all have to prove that it exists.
How would you do this?
Then you have to prove that the lawyers have seen it.
How would you prove this?
Then you have to prove that the lawyers concealed it?
How do you prove this?
How would you prove that you how you know this evidence exists?
You would also have to show that had this evidence been disclosed, the judgement would have been in your favour.
It is difficult to sue lawyers..
February 9th, 2010 at 9:51 pm
There is no rule regarding mandatory disclosure of evidence in all courts. Federal courts have more broad disclosure rules than state courts, but if your lawyer doesn’t ask the right questions during discovery, you might get blindsided at trial. It might be your attorney’s fault. Also, in some states (California) there’s a litigation privilege which prevents subsequent suits based on conduct during a prior trial.
Dana (attorney)
February 9th, 2010 at 11:34 pm
Unless the defendant is the Government, I don’t believe they have to disclose anything to you. Discovery is part of your atty’s job in the course of the suit. They are under no obligation to hand you information that will hurt their case unless under supoena
February 10th, 2010 at 4:18 am
Your assumption that there is some general rule that requires voluntary disclosure of everything known to each of the parties is incorrect. There are many rules of discovery but none so broad as you suggest. Suing someone in federal court generally requires a federal cause of action. No federal law governs the disclosure of evidence in a state civil action.
February 10th, 2010 at 9:09 am
federal laws do not state that evidence can be opened. They do allow some to be conceealed, but it is at the judges discernment if concealed evidence can be requested or not. Filing suit against the defences attorney will not hold.
February 10th, 2010 at 3:45 pm
You have to prove the evidence exists. If the Judge has already made a ruling, then the case is put to rest. Good Luck.