Summary
To request camera footage as evidence in your lawsuit, file a motion for discovery. Include case details, specify the footage needed, explain its relevance, and reference applicable laws. Ensure proof of service is completed before proceeding.Full Conversation
As a plaintiff., I have an index number for a law suit against the dept of Homeless Services for a joiner claim for $*,* for negligence and $*,* for inadequate security measures for sustaining a broken arm from attack and assault with a metal scooter protect my son in front of the homeless assessment center for adults in bklyn ny as a resident at the time of the incident as there are cameras around to prove it. The date of the incident was June * * *:30pm. In what manner may I ask the judge to order the camera footage as evidence from the Department of Homeless Services videos along with the NYPD camera on Auburn pl and N Portland
You can file a motion for discovery to request the camera footage. Here's a general outline of what to include:
- Case Details: State your case index number and basic details.
- Specific Request: Clearly specify the camera footage you need (dates, times, locations).
- Relevance: Explain why the footage is crucial for your case.
- Legal Basis: Reference any applicable laws or rules that support your request.
Have you already filed any motions in this case?
I am waiting for the sheriffs office to deliver my documents for proof of service
Thanks for the detailed information, Richard. Since you are waiting for the sheriff’s office to deliver your proof of service, you’ll need to ensure that this step is completed before proceeding with any motion for discovery. It's crucial that all parties are properly served.
Once you have the proof of service, you can proceed with filing a motion for discovery to request the camera footage. Have you considered consulting an attorney to help draft this motion?
No. I have not. I am a pro se litigant as a plaintiff
Since you are representing yourself as a pro se plaintiff, here's what you can do next:
- Wait for Proof of Service: Ensure the defendant has been properly served.
- Draft the Motion for Discovery:
- Case Details: Include your index number and case details.
- Specific Request: Clearly specify the dates, times, and locations of the footage you need.
- Relevance: Explain why the footage is crucial for your case.
- Legal Basis: Reference any applicable laws or rules supporting your request.
Would you like more details on how to draft the motion?
Can you draft a motion for discovery in accordance with my law suit to order a copy of the footage from DHS and the NYC corner cameras to be used as my evidence?
Sure, Richard! Here is a draft for your motion for discovery:
---
SUPERIOR COURT OF NEW YORK
COUNTY OF BROOKLYN
****[Last Name], Plaintiff
v.
Department of Homeless Services, Defendant
Index No.: [Your Index Number]
MOTION FOR DISCOVERY
TO: THE HONORABLE JUDGE OF THE ABOVE-ENTITLED COURT
Plaintiff ****[Last Name], appearing pro se, respectfully moves this Court for an order compelling the Department of Homeless Services (DHS) and the New York City Police Department (NYPD) to provide copies of surveillance footage from the cameras at the Homeless Assessment Center for Adults in Brooklyn, NY, as well as the corner cameras at Auburn Place and N Portland Avenue.
*. Case Details:
June *, *, at *:* PM.
In front of the Homeless Assessment Center for Adults, Brooklyn, NY.
Plaintiff sustained injuries from an attack and assault with a metal scooter while protecting his son.