O'Reilly logo

The Complete Idiot's Guide® To Lawsuits by Victoria E. Green

Stay ahead with the world's most comprehensive technology and business learning platform.

With Safari, you learn the way you learn best. Get unlimited access to videos, live online training, learning paths, books, tutorials, and more.

Start Free Trial

No credit card required

If They Don’t Ask, Why Tell?

In civil cases, there is no duty to produce evidence that was not directly requested by the other side in discovery (see Chapter 7 for more on discovery). It really is a civilian version of “don’t ask, don’t tell.” This is unlike criminal cases, where the government in particular must provide any evidence they find to the defendant, especially if it tends to show the defendant’s innocence.
Parties often run into two problems in avoiding disclosure of facts. The first is that unless the information was very clearly not asked for, the other side can legitimately complain that you were withholding requested evidence. This can lead to problems with the judge, who may impose a monetary fine or even hold you in contempt ...

With Safari, you learn the way you learn best. Get unlimited access to videos, live online training, learning paths, books, interactive tutorials, and more.

Start Free Trial

No credit card required