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xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience:  20+ yrs in criminal, landlord/tenant, family, & small claims
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Regarding my/ "DEFENDANT’S RESPONSES TO PLAINTIFF’S FIRST REQUEST FOR ANSWERS AND PRODUCTION OF DOCUMENTS," ... should I file my Certificate of Service with the Circuit Court ?
Thanks for using It will be my pleasure to assist you today.

What state are you in?

Customer: replied 4 years ago.


Hi Thom,

I want to look up something for you. I will be back with an answer asap.

Thanks for your patience.
Customer: replied 4 years ago.

OK, thank you... In addition, opposing counsel/ ($18 Bill Plaintiff - Commercial Real Estate), claims, since 2011, that they (conveniently) "lost ALL data and documents" critical to proving they were not negligent/ fraudulent in our Case - they simply rely on the Lease to assert their claims for damages from US... NOW (due today, May 13, 2013), they are resurrecting the case & are asking for extensive docs from us... Question: could "evidentiary presumption" and/or the doctrine of spoliation of evidence apply ?

Hi Thom,

The answer to your question is ""yes." You should file a Certificate of Service with the Circuit Court. Whether or not it is required, you can protect yourself by filing a Certificate of Service. You must serve the Plaintiff in the way governed by the Court Rules.

Below is a link to the Hawaii Rules of Civil Procedure. Rule 5 governs service. You may wish to read the other rules as they relate to your case.

After a lawsuit is filed, a party cannot intentionally destroy evidence to protect itself from being sued. The opposing party can rely on a lease to enforce the terms of the lease. However, if you have knowledge that the documents have conveniently been "lost," then you need to ask extensive questions (interrogatories) to the Plaintiff regarding the documents. You also need to do a Request for Production of Documents.

I hope that you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!


Many customers have asked how they can specifically direct a question to me in the future. If you specifically want me to assist you in your legal matter, just put "xavierjd” in the subject line and I will gladly pick up the question as soon as I am on-line.

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

xavierjd and 8 other Legal Specialists are ready to help you
Hi Thom,

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,


Customer: replied 4 years ago.

You are welcome, aloha !

Hi Thom,

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