How to Obtain Information or to Stop the Destruction of Evidence Before You Sue

Before you commence a lawsuit, you may worry that the parties you are planning to sue will destroy essential evidence to your case that they have in their control. Or, there may be additional parties that you believe are necessary to your lawsuit, and you need help in identifying them. In New York, you can obtain this information with a court order [1], however, it is not always easy.  

To gain access to this information pre-litigation (before filing a lawsuit,) you must be able to show the court, among other things, that your claim has merit. This means that there must be facts to support your legal position in the case, and that the relevant law supports your claims. You also need to show that the information you are seeking is material and necessary to the case.  Moreover, the court will not allow you to obtain this information if you already have enough evidence to bring your suit. Basically, this process may not be used as a “fishing expedition.”

Finally, this information can only be provided through a court order, so you should seek help from an attorney.

The Law Office of Dana Stricker, PLLC, offers extensive legal services. Feel free to contact us at 914-588-0651 for a free consultation, or visit our website at DStrickerlaw.com

Footnote 1: New York Consolidated Laws, Civil Practice Law and Rules - CVP § 3102. Method of obtaining disclosure:

(c) Before action commenced.  Before an action is commenced, disclosure to aid in bringing an action, to preserve information or to aid in arbitration, may be obtained, but only by court order.  The court may appoint a referee to take testimony.