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Question about discoverable evidence

 
 
Reply Wed 11 Jun, 2008 09:23 pm
Hey all...

This had me stumped earlier today, and I was wondering if any of you might be able to point me in the right direction on this one:

HYPO

A police car is in an accident with a civilian car. There is a police accident report made at the scene. Days later, a second page of the report is filled out (after someone questioned the policeman about it)... similar to an "internal report." Ultimately, the matter results in a lawsuit.

Is that second page of the police accident report obtainable discovery, if the defendant tries to redact that information before giving it to the plaintiff?



Much appreciated Very Happy
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Type: Discussion • Score: 2 • Views: 3,252 • Replies: 4
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Ticomaya
 
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Reply Wed 11 Jun, 2008 09:57 pm
Discoverable.
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jespah
 
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Reply Thu 12 Jun, 2008 11:23 am
Definitely, although there might be issues with chain of custody if there's a trial and an attempt to admit it.
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joefromchicago
 
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Reply Thu 12 Jun, 2008 01:10 pm
I would think that the original, unredacted report should be discoverable.
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JustanObserver
 
  1  
Reply Thu 12 Jun, 2008 07:55 pm
Had a chance to really get into it today. Turns out its most definitely discoverable. Reports like that are rarely subject to privilege.

And Jespah, all the proper procedures were followed... there would not have been any issue, but good eye on that.
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