CHAPTER 9.II. Sample Motions
Jurisdiction | United States |
II. Sample Motions
A. Motion to Exclude Reference to Lost or Destroyed Evidence
__________
v.
__________
IN THE DISTRICT COURT
__________ JUDICIAL COURT
__________ COUNTY, TEXAS
Comes now___, Defendant in this cause, and files this, his Motion to Exclude Reference to Lost or Destroyed Evidence, and in support thereof, Defendant would show the Court the following:
This is an unfair competition case in which the Plaintiff alleges that the Defendant, a former employee, improperly utilized in-house software development information to advance his business interests. A key issue in this case relates to the content of the Plaintiff's network server ("server") during the two-week period prior to Defendant's departure from plaintiff's place of employment.
During discovery, the Defendant served a proper request to examine Plaintiff's backup data for this...
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