2
   

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
  • Topic Stats
  • Top Replies
  • Link to this Topic
Type: Discussion • Score: 2 • Views: 3,430 • Replies: 4
No top replies

 
Ticomaya
 
  1  
Reply Wed 11 Jun, 2008 09:57 pm
Discoverable.
0 Replies
 
jespah
 
  1  
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.
0 Replies
 
joefromchicago
 
  1  
Reply Thu 12 Jun, 2008 01:10 pm
I would think that the original, unredacted report should be discoverable.
0 Replies
 
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.
0 Replies
 
 

Related Topics

 
  1. Forums
  2. » Question about discoverable evidence
Copyright © 2024 MadLab, LLC :: Terms of Service :: Privacy Policy :: Page generated in 0.03 seconds on 04/16/2024 at 11:10:51