There are times when keystroke lawsuit attorneys receive discovery that is from a third party company. If the plaintiff can prove that there is a dispute over the terms of use or if the keystroke recorder purposefully and negligently recorded their conversation, this evidence may be admissible in court. Once these documents are received by the plaintiff, they should review them closely to determine what should be reported and which documents should be excluded. Once the trial date is reached, both sides will have an opportunity to submit discovery reports and any discovery provided by the other party. If a keystroke lawsuit is filed in a state such as California, and the keystroke recorder is located in Texas, both parties are obligated to discovery each other and report back to a trial date. Many times keystroke record providers will offer a disclaimer stating that they will hold the records confidential. If the plaintiff can show that the keystroke provider admitted that dictation and keystroke logging were against policy and company policy, they could possibly sue the provider for violating their customer’s rights. The majority of keystroke record providers will attempt to use a general excuse like “it depends on what you think,” to avoid liability. Even if the plaintiff wins the lawsuit, they may not be able to collect damages if they prove that the defendant knew about the keystroke recording and did nothing to prevent the recording.
If a plaintiff files a keystroke lawsuit, it should be noted that they are very rarely awarded the damages for themselves, unless there is proof of malicious intent. As a general rule, courts do not allow juries to determine the validity of the testimony. It is very important to note that if one is recording keystrokes, one could be held liable for creating legal issues during a deposition. This is referred to as a dictation privilege. In the case of dictation and keystroke recording by an individual, the person is protected from being sued personally. However, there is an exception to this general rule. The injured party usually files the suit in a local state court. When a person is injured through negligence or wrong doings of another party, a keystroke lawsuit is filed against that person for damages.
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