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makinganattempt

Tampering with Evidence - who do you report it to

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I am the defendant (pro per) in a civil case for breach of contract. The Trial readiness conference has already been attended and the Joint evidence list was handed in to the court. The Plaintiff's attorney has received three copies of my evidence list which has not changed since the beginning and is the same one handed into the court.  The other day I received a letter from the Plaintiff's attorney with the joint evidence list and then a phone call stressing the need for the paperwork to be returned right away (hearing is  March 23 2018). I felt uncomfortable after the phone call so I reviewed the documents closely and found that the Plaintiff has removed one of my documents off the list that is vital to the case and replaced it with another document that has no relevance. The explanation of the document on the joint evidence list has also been changed. Who do I report this to? I have prepared a motion to dismiss based on Evidence tampering, but is there someone else that this should be reported to?  What rule would Tampering with evidence in a case in California fall under?  I have researched it and have only been able to find information on when you destroy or tamper with evidence during an arrest, but nothing that covers during a court case. Thank you

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It's a list of evidence proposed to be introduced at trial, not the the evidence itself so there's no "tampering."  Under the rules of court, no less than 20 days before trial you may serve on any other party any additional documentary evidence and a list of any additional witnesses whom you intends to use.  

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I understand that they may add evidence to their list. But they altered my portion of the Joint evidence list by removing a very important document  ( shows they where double billing) From my Evidence list and replaced it with another description and a document that has nothing to do with the case. My list had already been turned into the court at the Readiness Conference and has not changed....at least not by me. Does that make a difference since they altered my list and sent me copies of every piece of evidence on the newly alter list (with my evidence removed and replaced)

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On 1/27/2018 at 10:34 AM, makinganattempt said:

(hearing is  March 23 2018)

 

What hearing?

 

 

On 1/27/2018 at 10:34 AM, makinganattempt said:

I felt uncomfortable after the phone call so I reviewed the documents closely and found that the Plaintiff has removed one of my documents off the list that is vital to the case and replaced it with another document that has no relevance. The explanation of the document on the joint evidence list has also been changed. Who do I report this to?

 

Report it?  Why wouldn't you simply call the plaintiff's attorney and ask that your document be put back on the list?

 

 

On 1/27/2018 at 0:21 PM, makinganattempt said:

I understand that they may add evidence to their list. But they altered my portion of the Joint evidence list by removing a very important document  ( shows they where double billing) From my Evidence list and replaced it with another description and a document that has nothing to do with the case.

 

Has it occurred to you that this might simply be a clerical error?

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I guess I should have called it a hearing. I'm sorry, I am not familiar with terms. We meet in front of the judge to hear both side. No, it isn't a clerical error.

I have supplied my evidence list twice. The joint evidence list was typed by them and handed in at the Trial readiness hearing. It included the document that has now been removed.

On January 18 I received their revised joint evidence list as they added an accounting of  invoices. Their mailing included copies of all the evidence, theirs and mine. But the new joint evidence list they sent removed one of my descriptions of evidence off the list and put another description  in its place. The copies of the evidence they mailed me also had my document removed and the one  they inserted on the evidence list in its place . Clearly not a mistake

 

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All I get is a very belittling attitude. I am treated extremely rude. So I try to handle everything in writing. Not to mention, I don't have 9-5 hours as I am on a ranch so it's long hours seven days a week. I am not in the same state and I don't always have phone service as a cell phone is the only phone I have. Thank you

 

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The procedure for dealing with pretrial exhibit lists varies from county to county (and, in a lot of counties, from judge to judge).  If the plaintiff's attorney is giving you a joint exhibit list that is missing one or more of your exhibits, don't sign it and explain why you're not signing in an e-mail or letter.  Then file something of your own (e.g., "defendant's supplement to joint exhibit list").

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Thank you So much!

I found this, which I think pertains to it:

Attachment to Attorney General August 1, 2002 Memorandum on the Sarnanes-Oxley act of 2002 Anticipatory Obstruction of Justice Amendment: Section 802 adds two new criminal provisions, 18 U.S.C. §§ 1519 and 1520. Section 1519 expands existing law to cover the alteration, destruction or falsification of records, documents or tangible objects, by any person, with intent to impede, obstruct or influence, the investigation or proper administration of any "matters" within the jurisdiction of any department or agency of the United States, or any bankruptcy proceeding, or in relation to or contemplation of any such matter or proceeding. This section explicitly reaches activities by an individual "in relation to or contemplation of" any matters. No corrupt persuasion is required. New Section 1519 should be read in conjunction with the amendment to 18 U.S.C. 1512 added by Section 1102 of this Act, discussed below, which similarly bars corrupt acts to destroy, alter, mutilate or conceal evidence, in contemplation of an "official proceeding."

New 18 U.S.C. § 1519 provides: Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.

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These provisions apply only to federal courts and proceedings, not state court proceedings.  and I am not sure whether they would be interpreted to cover your situation in state court, which could be easily corrected with the amended filing previously mentioned.

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1 hour ago, makinganattempt said:

I found this, which I think pertains to it

 

Pertains to what?  Aside from what "doucar" wrote, this relates to securities fraud.

 

I'm going to quote what "LegalwriterOne" told you five days ago because it apparently didn't register with you:  "The list is NOT evidence.  You want to add something, file the notice with copy of the document and serve them with it."

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