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Litigation & Arbitration

Oct. 30, 2024

Sub rosa - how it's used, how to obtain it, and how to handle it

Sub rosa evidence has the potential to hurt your case. In dealing with sub rosa evidence, make sure to prepare your client and obtain the evidence during discovery. If necessary, filing a motion in limine may exclude the evidence from being presented at trial.

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Sub rosa, Latin for "under the rose," is a term used to describe surveillance done secretly. Sub rosa is often used in personal injury cases during which parties hire a private investigator (PI) to secretly record the opposing party doing activities that disprove their injury claims. For example, if a plaintiff is claiming an accident caused them back issues and they can no longer participate in daily activities, the defense may hire a PI to follow the plaintiff and record th...

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