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Lucy, Esq.
Lucy, Esq., Attorney
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Experience:  Lawyer
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I have a girl suing me over a bar fight in which I was assaulted.

Customer Question

I have a girl suing me over a bar fight in which I was assaulted. She lost @ manadatory arbitration. Her and the attorney representing her have decided to reject the reward and go to trial.

She claims after her boyfriend shoved me to the floor inside the bar I was able to get up and break free from the bouncers and assault her. She has 1 witness and her own testimony with hospital bills as evidence and a few photos of bruises.

She is suing for the amount of the bills plus 10,000 in punitive damages for a total of 19,000.

My question is... I was browsing her Facebook page and a few months after the incident she has a photo taken running two marathons and getting drunk constantly. The big doozer is a pic of her upside down getting in the car through a sunroof.

Her supposed injuries cause neck pains a year later and loss of sleep at night.

How do I admit these photos into trial or do I motion for access to her Facebook site. Not sure what to do but she is lying and this will definitely ruin her credibility. The trial is in 2 months is there anything I can do?
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

When she testifies as to her injuries, you can show her each of those pictures, ask her questions about them, and admit them into evidence. Any statements that she posted on Facebook are also admissible against her. You can make screen prints of the whole thing, picture plus caption, plus any status messages.

If she chooses not to testify, it may be possible to ask any doctor that testifies whether a person who suffered her supposed injuries could do any of those things, and then move to admit them that way. But she should take the stand if she's claiming that she was injured.

Do not take the risk that she will lock down her page or remove the photos. Take screen prints of everything, save them, print them, and put the copies in a safe place.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 20210
Experience: Lawyer
Lucy, Esq. and 15 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Ok, Thank you. Only other question of have is what if the plaintiff objects and states that the photos are not authentic or however its stated in Law.

Expert:  Lucy, Esq. replied 1 year ago.
You can testify as to how you got them and that they're true and accurate representations of what you saw on her Facebook page. They're admissible as statements of a party opponent. If she wants to say that you doctored them, that goes to the weight, not the admissibility, and she would have to be able to prove it.

The one objection that might be allowed is if her lawyer send you discovery requests that would require you to produce the pictures and you didn't send copies of those photographs. Even if you didn't have them at the time, there's an ongoing duty to supplement.
Customer: replied 1 year ago.

Ok, and last but not least. I sent a subpoena for the discovery months ago and any proof there of to the allegations in this case. At arbitration they supplied what they call a C90 I think... stating that they would be bringing photos and medical bills. I never got a copy. How do I get those and is there anything I can do to object to them using those in court.

Expert:  Lucy, Esq. replied 1 year ago.
The way to get the information is to file a Motion to Compel. Before doing that, the rules of civil procedure require that you make reasonable attempts to resolve the issue. That can mean sending emails or letters to her lawyer, since you'll have a written record, but it can also mean making calls and leaving messages as long as you note the dates and times. Following up phone messages with email or mail is also good. Then, the Motion has to contain a statement showing what you did to get the discovery before you filed.

If they don't produce anything, you can object at court to any evidence that they try to admit that they didn't send you in advance as a violation of the Rules of Discovery. Here is the full text of Rule 201, which may help. The judge may ask you to show what you did to get the information prior to the court date, which can include filing a Motion to Compel.

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