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

by Traverse Legal, reviewed by Enrico Schaefer - October 14, 2009 - Uncategorized

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. 

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Enrico Schaefer

As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.

Years of experience: 35+ years
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.