Can a lawyer serve a duces tecum on a 3rd party " Wal-mart" for video to identify John Doe in auto license plate in accident?
2 attorney answers
There are a few ways to get that footage, none overly simple or done in the snap of a finger. But if you retain an attorney they can help you with steps to get it.
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Pre-suit discovery to investigate a potential claim is possible under Rule 202, but it requires filing a petition with the court which costs about $300 by itself. Then add the attorney’s fees, and considering the possibility that there is no footage or that the footage does not show the license number, it may not be worth it for a fender bender type of accident. If you have insurance that will cover your damages, you will be better of handling it that way.
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