Quote:
Originally Posted by SebC
Educate me please:
Why is Jones' phone not already in evidence without a leak, and why would it be excluded from discovery?
If Jones loses, is the leak grounds for appeal or for him to recover his losses by suing the leaker?
|
Good question
I seldom handle litigation matters (especially lately), so any litigators out there can feel free to correct me if I'm wrong, but...
If the evidence of text messages and emails on his phone is relevant to an issue at trial, it should be disclosed/produced to the other party (and likely be admissible at trial), absent some claim of privilege.
If any of the text messages or emails on the phone are not relevant to an issue or are privileged, the fact that Jones' lawyers inadvertently disclosed them will not magically make them relevant or waive privilege so as the make them admissible.
I suspect this reporter does not understand the litigation process.