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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19285
Experience:  B.A.; M.B.A.; J.D.
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As part of discovery in a recent court case, 3 documents

Customer Question

As part of discovery in a recent court case, 3 documents were submitted containing payroll information for 2 people that were in no way associated with the case... they just happen to be on the same piece of paper as the one providing their own information. These documents came from a well-known payroll company. While I do believe this was not "ok" for this information to be distributed, is it actually illegal? This is in the state of Texas, if that makes a difference.
JA: Since laws vary from place to place, what state is this in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: The documents were included in discovery in a court case
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I know of
Submitted: 10 months ago.
Category: Legal
Expert:  Phillips Esq. replied 10 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 10 months ago.

It is not illegal. However, the party who submitted the wrong information must immediately redact the information.

Customer: replied 10 months ago.
Nothing was redacted.
Expert:  Phillips Esq. replied 10 months ago.

I understand that. That's why I stated that the party who submitted the information must immediately take steps to redact the information--to remove the two people who are not supposed to be part of the proceeding. Mistakes do happen. Once they are discovered, steps should be taken to correct the mistakes.

Customer: replied 10 months ago.
Then, because this was not done, is it illegal for these documents to be submitted as they were into discovery?
Expert:  Phillips Esq. replied 10 months ago.

I think we may be having communication problem here. There is nothing illegal when documents have been submitted in error with the Court. However, once the error is discovered, the sender must inform the Court/Clerk's office about the error and then fix it.