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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Family Law
Satisfied Customers: 3083
Experience:  30 years of experience
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My granddaughter mother took information from my phone

Customer Question

my granddaughter mother took information from my phone messages that may use in court. it is for child custody
Submitted: 1 year ago.
Category: Family Law
Expert:  Gerald-Esquire replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

If this person accessed your phone without your authorization and took private information from you you may be able to have any improperly obtained evidence kept out of the hearing. The way that is done is to file a Motion in Limine prior to the trial.

The courts of New Mexico recognize the use of the Motion in Limine procedure for civil matters. See this case:

http://law.justia.com/cases/new-mexico/court-of-appeals/1977/2740-1.html

A Motion in Limine is a motion asking the court to disallow the introduction of evidence. There are multiple reasons for such a motion. Improperly obtained evidence is such a reason.

This link explains the Motion and has samples:

https://www.millerandzois.com/sample-motions-in-limine.html

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.