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Requesting Evidence Pre-trial

Discussion in 'Small Claims & Municipal Court' started by all4peace, Dec 26, 2018.

  1. all4peace

    all4peace Law Topic Starter New Member

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    Jurisdiction:
    North Carolina
    I have filed a small claim action against the other driver who was at fault in an accident with me that occurred in a retailer parking lot. I received confirmation from the retailer’s claims department that video surveillance was retained and provided to the police department. In addition, they provided me the name of the store manager, who I have subpoenaed to appear in court and produce a copy of the surveillance footage. My question is that can I personally request from the store manager to provide me a copy of the footage since they have already been served the subpoena? And if I am provided that footage, do I have to also provide this evidence to the other driver prior to trial?
     
  2. army judge

    army judge Super Moderator

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    Have reported the collision/incident to YOUR insurance carrier?

    You can summons people or persons to court.

    You can subpoena items (as in business records, video recordings, etc).
     
  3. all4peace

    all4peace Law Topic Starter New Member

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    Yes, I have reported the collision to my insurance carrier.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    Sure, you can "request" anything you want.

    My guess is that you did not properly word the subpoena if all you demanded was that the manager bring the video to court.

    A subpoena can also command that a party

    "produce and permit inspection and copying of designated records, books, papers, documents, electronically stored information, or tangible things in the possession, custody, or control of that person therein specified."

    In addition to attending court and giving testimony.

    See NC Rule 45:

    G.S. 1A-1, Rule 45

    A properly written subpoena should have resulted in the video being delivered to you.

    What, exactly, did you write in the subpoena? Quote it word for word.

    "Discovery" (production of documents, etc) is allowed in NC small claims. See 7A-231:

    2016 North Carolina General Statutes :: Chapter 7A - Judicial Department. :: Article 19 - Small Claim Actions in District Court. :: § 7A-231 - Provisional and incidental remedies.

    Subject to "discovery" rules for any civil case. See Rule 26:

    2009 North Carolina Code :: Chapter 1A - Rules of Civil Procedure. :: Rule 26. General provisions governing discovery.

    Generally, though, you need not present your evidence until the trial unless, of course, it is favorable to you. Otherwise, to get it before trial the defendant would have to ask for it.

    And if it is favorable to you, then it would behoove you to provide it to the defendant's insurance company ASAP.
     
    Last edited: Dec 27, 2018
    all4peace likes this.
  5. mightymoose

    mightymoose Moderator

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    It may be easier to get a copy from the police if they already have it.... assuming they retained it as it is not really the sort of evidence they would hang on to. It doesn't hurt to ask.
     
  6. adjusterjack

    adjusterjack Super Moderator

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    Assuming the police were called to the scene.
     
  7. mightymoose

    mightymoose Moderator

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  8. adjusterjack

    adjusterjack Super Moderator

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    Oops.

    :oops:
     
  9. zddoodah

    zddoodah Well-Known Member

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    You can request anything you like. Hard to believe you think there might be some legal prohibition against making a request. Indeed, a pretrial subpoena would have been far better.

    No.
     

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