Quote:
Originally Posted by Makarov
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.
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I'll preface this with
I'm not a lawyer, but if the messages are being used to directly refute Jones's testimony on cross-examination they can enter them as evidence at that time, and don't have to disclose it beforehand, no?