Do have rights to pictures of the damage?

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Do have rights to pictures of the damage?

I am being sued in small claims court in California. I want pictures of the damage so I can get my own quotes to take to court. The plaintiff is denying me to get pictures. Do I have rights to those pictures?

Asked on April 19, 2012 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you were not being sued, you would have no right to them; but since you are being sued, you do. You have the right to request "discovery," or information, from the other party, using document production requests (often called "notices to produce") or written "interrogatories" (questions), which can include demands for documents. In a legal context, "documents" include photographs, videos, recordings, text messages, and emails as well as more traditional documents. If you get a copy of your court rules, you will be able to find and utilize the rules for discovery; simply make sure you comply fully with the rules.


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