Request for Production of Documents

Alienation of Affection and Criminal Conversation cases (AACC) increasingly hinge on Discovery materials involving social media, texting, and email.

Given the nature of the tort, which may include allegations of marital unfaithfulness, an “affair,” or other sexual misconduct outside marriage, a thorough investigation of the background circumstances is warranted.

Rule 34 – Production of documents and electronically stored information (ESI)

The Parties in litigation, pursuant to Rule 26, are authorized to obtain materials, via discovery, regarding any matter relevant to the subject matter in the litigation.

The Rules of Discovery does not mandate the release of privileged information, either under attorney-client privilege or another recognized legal basis.

The defendant party may state an objection, but also is subject to identifying the purportedly “privileged” materials for further review by the Court.

The following materials are intended legal reference materials and are not legal advice.

Each case is different. Documents sought pursuant to discovery requests must be analyzed on a case-by-case basis and therefore demand careful consideration of the individual facts and circumstances of your legal matter.

Seek independent legal counsel for specific legal questions you may have.

Documents Requested Pursuant to Discovery

Each request herein demands PAPER documents and records as well as ELECTRONIC data.

1. SOCIAL MEDIA ARCHIVESProduce a complete copy of your wall and timeline of any Facebook account you have used since January 1, 2016, even if any account has been deactivated.Requests include communication made by other people on your personal site or pages including, but not limited to:
   • Comments; Posts; Private messages; Chat sessions;
   • Images; Videos; Links; Facebook Groups; Facebook Pages;

   Your Facebook Archive, which can be obtained here: www.facebook.com/

2. Produce a complete copy of all of your Twitter posts, tweets, retweets, and all data for all Twitter accounts that you have used since January 1, 2016, even if any account has been deactivated or inactive.A complete copy of your Twitter archive can be located by going to your account settings; select “Settings” and request your archive. Get more information https://support.twitter.com/
3. Produce a complete copy of all of your Instagram messages, pictures, videos, .GIFs, and all data for all Instagram accounts that you have used since January 1, 2016, even if any account has been deactivated or inactive.A complete copy of your archive can be obtained by utilizing a download tool at http://instaport.mel.
4. Produce a complete copy of all of your Google+ and GooglePlusOne posts and photos, and other data for all Google+ and GooglePlusOne accounts that you have used since January 1, 2016,even if any account has been deactivated or inactive.A complete copy of your archive can be obtained by utilizing the download tool “google takeout.”Instructions can be found at: https://support.google.com/.
5. Produce a complete copy of all of your Tumblr blogs and photos, and all data for all Tumblr accounts that you have used since January 1, 2016, even if any account has been deactivated or inactive.A complete copy of your archive can be obtained by utilizing the download tool “TumblRipper” at: www.zark.be/software/TumblRipper.html.

Expert and Fact Witnesses

1. Any curriculum vitae or resume of any person who will be called to testify as an expert witness in any proceeding related to the above captioned cause of action.Any report or opinion prepared by any expert witness who will be called to testify as an expert witness in this proceeding, or other claims related to this cause of action, and all underlying data or documents upon which any such opinion is based.
2. Documents including name, address and telephone number of any other non-expert witness you intend to call for trial in this matter.Produce any documents, records or things that such fact witness may use at trial or refer to, or that may be introduced into evidence.
3. Documents including name, address and telephone number of all personal and business accountants, stockbrokers, investment advisors, financial advisors, CPAs, accountants and the like whom you have consulted or who have represented you since January 1, 2016.
4. Produce any and all documents, notes, writings, communication, electronic information, ESI, and tangible things that document, evidence, concern, or relate to any and all reports of any private investigator, person, third party, detective, tracking, or any other surveillance method of whatever kind that you, your attorney, or anyone else acting on your behalf requested, consulted, retained, or engaged at any time regarding the plaintiff or the Plaintiff’s Wife, through the date of this response.
5. Produce any and all documents, notes, writings, communication, electronic information, ESI, and tangible things that document, evidence, concern, or relate to any information you offered or submitted to any private investigator, person, website, third party, detective, tracking, or any other surveillance method of whatever kind regarding the plaintiff or the plaintiff’s Wife through the date of this response.
6. Produce any and all documents, notes, writings, communication, electronic information, ESI, and tangible things that document, evidence, concern, or relate to any information you received from any private investigator, person, website, third party, detective, tracking, or any other surveillance method of whatever kind regarding the plaintiff or the Plaintiff’s Wife, through the date of this response through the date of this response, including, but not limited to, reports, notes, memoranda, correspondence, drawings, photographs, video, audio, maps, recordings, metadata, screen caps, text messages and emails.
7. Produce any and all documents, notes, writings, communication, electronic information, ESI, and tangible things that document, evidence, or concern that relates in any way to the activities or conduct of your relationship with the plaintiff’s Wife, from January 1, 2016, through the date of the final hearing in this matter.
8. Produce any and all recordings (including audio, video or both) that depict or contain the plaintiff’s Wife, (her voice, image or likeness); the Defendant; or any combination of you, the Plaintiff’s Wife, from January 1, 2016, through the date of the final hearing in this matter.

Communications

1. Produce any and all documents, notes, writings, communication, electronic information, ESI, and tangible things that document, evidence, concern, or relate to any communication between you and any other person (except your attorney or other privileged communication) where the communication related to any of the following or any combination of the following persons or actions:
   1. This lawsuit;
   2. The subject matter of this lawsuit;
   3. The Plaintiff;
   4. The Plaintiff’s Wife;
   5. Efforts by you (or on your behalf) to access, image, copy, or download any electronic device, or the contents of any electronic device (including, but not limited to, mobile phone, computer, tablet, iPad, wearable device, GPS) used by the Plaintiff’s Wife;
   6. Efforts by you (or on your behalf) to access, image, copy or download any storage device, plan, Cloud storage, or backup system used by the Plaintiff’s Wife.
2. Produce any and all documents, notes, writings, communication, electronic information, ESI, emails, text messages, iMessages, cards and notes, and all tangible things that you exchanged with the Plaintiff’s Wife, since January 1, 2016.
3. Except as provided in response to other discovery requests, produce any and all documents, notes, writings, communications, electronic information, ESI, emails, text message, iMessages, cards and notes, and all tangible things that document, evidence, concern, or relate to all written communications you exchanged with third parties (other than your lawyers) relating to or concerning the plaintiff’s Wife.
4. Produce any and all documents, notes, writings, communication, electronic information and ESI, and tangible things that document, evidence, concern, or relate to any applications, downloads, software, or any other electronic application of whatever kind that you installed on any electronic device used by the Plaintiff’s Wife, through the date of this response.
5. Produce any and all documents, notes, writings, communication, electronic information, ESI, and tangible things that document, evidence, concern, or relate to any and all communications, data, or any information whatsoever obtained by you (or on your behalf by another) from any electronic device owned or used by the Plaintiff or the plaintiff’s Wife, where you are not a party (i.e., not the sender or a recipient), including, but not limited to, photographs, text messages and email. This request is from January 1, 2016, through the date of the final hearing in this matter.

Other Legal Issues and Related Materials

• What is Alienation of Affection in North Carolina
• What is the Law on Criminal Conversation?
• What are Damages for Alienation of Affection?
• Reconciliation

Charlotte Divorce Lawyers – Powers Law Firm PA

If you have a question about the Alienation of Affection laws in North Carolina, our family law attorneys are available for legal consultation.

That’s true too for claims of Criminal Conversation, marital unfaithfulness, and other civil causes of action for interfering with a marital relationship.

Consultations are strictly confidential, given the sensitive nature of the allegations.

Call Bill Powers NOW at: 704-342-4357

You may also reach Bill by email: Bill@CarolinaAttorneys.com