Question
f.1. Disturbed by the continued sales, distribution, and advertising of Snapes and the resulting extreme profits, and feeling Vic's loss even more profoundly as the
f.1. Disturbed by the continued sales, distribution, and advertising of Snapes and the resulting extreme profits, and feeling Vic's loss even more profoundly as the holidays approached, Vic's Family - particularly his sister, Sis Timm - pressed Attorney Gator to file suit against Harry and anyone else responsible for those "evil, deadly Snapes". f.2. In the lawsuit that Attorney Gator was preparing on behalf of Vic's Family, Attorney Gator believed that various digital documents - including purchase records, testing data, shipment receipts, and field reports (including complaints) generated and received by the Snapes factory/distribution hub - would be crucial evidence to support the claims of Vic's Family. These digital documents could prove that Harry, Hermione, Ron, and some or all of the mugglers actually knew or reasonably should have known - before Vic's death - that Snapes were full of toxics and carcinogens (i.e., cancer-causing substances) and could cause sudden death, especially in someone with co-morbidity factors. f.3. After filing the Family's lawsuit, Attorney Gator immediately served Harry, Hermione, Ron, and as many of the mugglers as she could locate with a notice of "litigation hold". f.4. Then, as soon as allowed by the California Code of Civil Procedure, Attorney Gator served a Request to Produce Documents, but, claiming invasion of privacy, trade secret, and business security/terrorism concerns, lawyers for Harry, Hermione, Ron, and the named mugglers (the "Harry Parties") repeatedly and completely refused Attorney Gator's demands (on behalf of Vic's Family) for a copy of these relevant digital documents. f.5. Frustrated with stonewalling (i.e., utter refusals to cooperate with clear obligations in the litigation) by lawyers for Harry, Hermione, Ron, and the named mugglers, Attorney Gator filed a motion in court, asking Judge I. M. Wisdom to order the Harry Parties to provide copies of all relevant digital documents to Attorney Gator (for Vic's Family) and punishing them for their failures to do so, to date. f.6. In response, lawyers for the Harry Parties claimed that the originals of these documents had been corrupted beyond repair and unrecoverable after being mistakenly deleted as part of a "system upgrade" of Harry's Internal Security Software ("HISS"). County Health Department).
Question - Assuming the civil lawsuit Attorney Gator has filed on behalf of Vic's Family against the Harry Parties has survived an initial motion to dismiss, does the Family (through its lawyer) have the legal right to obtain these important electronic documents from any of the Harry Parties before Trial?
If so, (1) identify the general legal term for the pretrial process by which a party can send a demand to provide/exchange documents and things and, in particular, identify the specific legal term for the demand to provide/exchange digital documents and other computer-stored records; (2) explain - in detail - the three legal responsibilities the Harry Parties have to Vic's Family regarding these electronic documents and Vic's Family's demand to provide them [HINT: If you only use "buzz words" (i.e., a single word or phrase to express a concept) without a full explanation, you will receive almost no credit.]; (3) specify the three penalties the civil court could impose on the Harry Parties; and (4) citing specific Background Facts and/or Additional Facts, explain why the Harry Parties will face these penalties for their continued refusals (and now claimed total inability) to comply with Vic's Family's demands for a copy of these digital records.
Or, if not, (1) identify the general legal term for the pretrial process by which a party can send a demand to provide/exchange documents and things and, in particular, identify the specific legal term for the demand to provide/exchange digital documents and other computer-stored records; (2) explain - in detail - the three legal responsibilities the Harry Parties have to Vic's Family regarding these electronic documents and Vic's Family's demand to provide them [HINT: If you only use "buzz words" (i.e., a single word or phrase to express a concept) without a full explanation, you will receive almost no credit.]; (3) specify the three penalties the civil court could impose on the Harry Parties; and (4) citing specific Narrative Facts, explain why the Harry Parties will not face these penalties for their continued refusals (and now claimed total inability) to comply with Vic's Family's demands for a copy of these digital records.
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