Often times people who you think would testify at trial do not. In some cases, the Court can allow a party to argue that the reason that person did not appear is because their testimony would have been unfavorable. Put differently, the trial court has discretion to allow parties to “argue an adverse inference from…
Legal Articles
Discovery, Evidence, Destruction/Spoliation of Evidence
Often times the most taxing and time-consuming part of litigation is discovery. Discovery is the fact-finding process of a lawsuit. The most common discovery tools are interrogatories, requests for production, requests for admissions, and subpoenas for third-party document production/testimony. Cases usually sink and swim on the facts. Without facts and proof, a plaintiff cannot win…