Have Legal Questions? Ask a Lawyer Now.
Thank you for your question. Please permit me to assist you with your concerns.Unfortunately attorneys make it a point to be as specific as they can be without being helpful. If you are the one requesting documents, the onus is on you to define what you are seeking as specifically as possible. "Computer data" is way too broad, and speaking as a former programmer myself, it generally refers to raw data, not past applications, files, documents, folders, or modules--and it gives ample wiggle room to the opposing party to provide what they deem to be 'computer data' to you, which of course tends to include or not include items that they do not want you to have. There is no legal definition of computer data, it is up to you to make your own definition if you can. About the only thing beyond a motion to compel is a petition for contempt, but you aren't there yet as the compel motion is proper next step.Good luck.
Makes sense. Both atty and I had previously used "copy of hard drive" and "computer data" interchangeably. And they only had possession of the laptop because they demanded it's return right before they filed a motion for summary judgement. To the lay person, it appears like a how-to on separating a complainant from evidence damaging to their case. Could something like this warrant an interdependent tort in NC even though the damage is minimal since I caught it? I still don't have the evidence in question.
Thank you for your follow-up, Tucker.I will be honest and do not see a basis for a legitimate cause of action here. They can fall back and claim your description was not specific so they used their best judgment in providing you with what they felt you requested, which without evidence to the contrary is going to be impossible to disprove. Please know that certain emails or documents labeled 'attorney-work product' are not able to be subpoenaed, so even if there is privileged communication between the attorneys and the company suggesting they stonewall, it is not something you would ever end up seeing.Good luck.
ok, thanks, XXXXX XXXXX sig says to rate your answer as "great service", but I don't see a "great", so I'll go with excellent.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).