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

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. 

Comments

jon

Bullshit.

What you're saying would make sense if each document was an end in and of itself. that's not true. sometimes, the document you turn over (early) leads people to figure something else out. It's not about hiding the ball, it's about hiding the trailhead.

And you're suggestion that it always comes back to bite you... is... not correct.

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