Post #4307753
2026-07-25 02:21 UTC
Yes but his use of a cell phone to send text messages on the day of 1/6/21 is well known and documented. He cannot claim he didn’t and his inability to produce them may result in a default judgement.
Replies (1)
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@Sunflier@lemmy.world 2026-07-25 04:03
He cannot claim he didn’t and his inability to produce them may result in a default judgement. A default judgment is a step beyond what happens. A default judgment relates to a complete failure to engage in the process in any way (like failings to enter an appearance, failing to prescribe to the time periods for filing responsive pleadings, etc.) What a failure to produce because the document(s) (intentionally or negligently) no longer exist would be to create an adverse inference/presumption. This could lead to special jurry instructions, if it was material to the case, that weight against the bad actor.