credit2011

Confidentiality agreements and Evidence

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If a witness to a case for the plaintiff had a prior lawsuit that was settled with a confidentiality agreement, and that witness for the plaintiff says they have evidence to help the plaintiff's case in a deposition they took in the previous case, can that confidentiality agreement be broken?

Could  I ask the judge permission to subpoena part of all of that deposition to submit as evidence? 

State California

Is there a rule for that in Federal Local Rules also for reference?

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If the deposition in question was part of a court proceeding, it should be considered a public matter.  Therefore, you should be able to subpoena a copy.

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26 minutes ago, LaneBlane said:

If the deposition in question was part of a court proceeding, it should be considered a public matter.  Therefore, you should be able to subpoena a copy.

No it was not in court it was a private deposition before trial- part of the discovery process I assume. Thanks for your quick reply

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If it was a private deposition, it may be considered "work material."

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1 hour ago, credit2011 said:

Could  I ask the judge permission to subpoena part of all of that deposition to submit as evidence?

You can ask for anything you want there is no guarantee the court will grant it.

1 hour ago, credit2011 said:

can that confidentiality agreement be broken?

The best answer is you should consult a competent attorney prior to going down this legal road.  If you get this wrong and participate with the witness in violating the terms of the NDA it could get VERY VERY expensive for both of you.  A lawyer's opinion on if it is even possible and advisable is the best place to start.

1 hour ago, credit2011 said:

Is there a rule for that in Federal Local Rules also for reference?

This is likely going to fall under contract law and what the terms of the NDA state in the agreement.

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