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how to subpoena a video surveillance recoriding from a bar

 

Customer Question

how to subpoena a video surveillance recoriding from a bar in san francisco california. I was injured by bouncers in the bar and I need to pove it that it happened in the bar.

Submitted: 285 days and 7 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Expert:  D. WINOGO ESQ. replied 285 days and 7 hours ago.

Have you started the lawsuit against the bar yet?

Customer replied 285 days and 7 hours ago.

I am trying to hire a personal injury attorney but all I heard from all of them is that I need the video to prove that it happened the way that I am telling them the story. I evenhave an eye witness (a friend) who was there and saw the whole thing. Unfortunatly I am a studend and can't afford an attorney and want to sue the club for injuring me. I ended up at the emergency room with stitches on my eyebraw. If I can put my hand on the surveillance video that could help me and maybe than get an attorney work with me on contingency. How long do bars keep records of their surveilance videos, this event happened last saturday and I hope they do not destroy it.

Accepted Answer

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Expert:  D. WINOGO ESQ. replied 285 days and 7 hours ago.

Whoever you are speaking to is incorrect. Obviously, it would be great for your case if you had the videotapes as a sort of "smoking gun". But the bar is under no legal obligation to turn over their videotapes and records to you. The only way you can compel them to give you the records is by way of serving them with a Subpoena. And the only way to serve them with a subpoena is if you are already party to a lawsuit.

You can send the bar a letter by certified mail requesting a copy of their relevant videotapes. Otherwise, your only other recourse is to file a personal injury lawsuit and then serve the bar with discovery demands for the tapes and a subpoena as well if they refuse.

Expert TypeAttorney
Category: Legal
Pos. Feedback: 93.1 %
Accepts: 4491
Answered: 6/28/2012

Experience: 10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator

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Customer replied 285 days and 7 hours ago.

Unfortunatly I can't find an attorney who would want to help me on contingency unless I have those video tapes, because they say it is my word against theirs. I do not have the funds to start a law suit against the bar unless I file charges against the bar and it is up to the DA if he or she wants to pursue or not. I am in a limbo. I have been on the phone and talking to maybe 10 or 15 attorneys so far. Also do they destroy those tapes or keep them for a certain period of time? what is the law about that?

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Expert:  D. WINOGO ESQ. replied 285 days and 7 hours ago.

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Customer replied 285 days and 7 hours ago.

should I threaten them by writing some negative review about them on some websites? I want those bouncers to e reprimended and how much should I request from them at small claim court? I have lost some waiges since I could not go to my part time work and of course medical costs plus pain and suffering and all that.

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Expert:  D. WINOGO ESQ. replied 285 days and 6 hours ago.

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