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To: digger48

If you are going to be subpoenaed for this, state:

1. I have an open wireless connection because I don’t know how to set a password.

2. Anyone could have posted the comments, I never use that computer except for games.

3. Save your files to a flash drive, place it somewhere where the lawyer’s cannot find it (with a friend or relative) and use a hard drive killer to ‘0’ out your hard drive. Or simply remove the hard drive and dispose of it somewhere other than your own garbage.


15 posted on 03/06/2011 9:59:01 AM PST by struggle ((The struggle continues))
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To: struggle

First, you aren’t subpoenaed, the ISP is. You would be a party to the case if sued for defamation.

If one took the actions you suggested, it would be a good way to get a spoliation of evidence sanction, which would likely involve in both monetary penalties AND deeming whatever you destroyed as admitted in the case against you.

There is no “beyond a reasonable doubt” presumption in a civil defamation action.


21 posted on 03/06/2011 10:25:12 AM PST by freedomwarrior998
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