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Discovery Obstruction Only Seems Like a Good Idea at the Time?

By The Greatest American Lawyer

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I?m always amazed by adverse parties who play games in discovery. Their goal seems to be to avoid producing documents. This is all fun and games during the discovery phase of litigation. Of course, once it?s time to go to trial, the parties who obstruct in discovery find themselves in a world of hurt. Most judges aren?t going to allow them to introduce any evidence that wasn?t produced in discovery. Somehow they had the delusional thought that their refusal to provide what were obviously reasonable requests for production was, in many instances, the very documents they would need in order to establish the prima facia elements of their case.

Don?t be a discovery dunce. What goes around comes around. Producing more can oftentimes allow you to prove more as well.

Full post as published by The Greatest American Lawyer on October 14, 2009 (boomark / email).

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