CHAPTER 9.II. Sample Motions

JurisdictionUnited States

II. Sample Motions

A. Motion to Exclude Reference to Lost or Destroyed Evidence

NO.__________

__________

v.

__________

IN THE DISTRICT COURT

__________ JUDICIAL COURT

__________ COUNTY, TEXAS

Motion to Exclude Reference to Lost or Destroyed Evidence

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:

1.
FACTUAL BACKGROUND

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...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT