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Regarding multi-million dollar Civil Suit & Subpoenas

New York, NY |

(1) If I file a (multi-million dollar) civil suit against my previous employer, do I need to have the documented evidence against them BEFORE I file the suit? (2) Or can I file the civil suit first, then have my attorney subpoena documented evidence against them AFTER suit is filed? (3) And lastly, if this documented evidence was subpoenaed in a prior closed criminal case but never given, could this evidence be subpoenaed again for the civil suit on that basis?

Attorney Answers 1


Its always better to have the evidence you need before you start a lawsuit because I never trust a defendant to play by the rules. However, if you can only get what you need by serving a subpoena, then you have no choice but to start the suit. Whether or not the employer complied with a subpoena in a criminal case is irrelevent to the civil case. I am a former State and federal prosecutor and now handle civil and criminal cases so please feel free to check out my web site and contact me.

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