I am the defendant in a small claims suit. The plaintiff has altered electronic documents key to his case and refused discovery requests to allow access to that evidence and my requests for names and contact information of the key employees that worked on the project in question. I have screen shots of the before and after altered documents and a record of when they were altered. (The day the suit was field). Do I just present these facts in my response and request sanctions?
Short answer is yes. You can also file a motion to comply discovery under the Wisconsin discovery statutes if you issued him formal written requests for certain documents, etc. and he has failed to provide them within the 33 day (30 days plus 3 days for mailing) timeframe under the statute. There are sanctions, per the statute, for failing to comply with discovery. there are also certainly sanctions for altering evidence. Good luck!
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