Hi I was curious. In discovery does the plaintiff have to show defendants evidence that would prove that the case shouldn't go on because defendants could not produce any evidence to superseed the plaintiff? Could the plaintiff then file a summary judgement? Thank you
1 Answer from Attorneys
Discovery is designed to learn what your opponent has to support his/her case or defense. If there's an absence of facts and documentary evidence, for example, the other party might file a motion for summary judgment. It usually is worthwhile to take the person's deposition as well to nail down any uncertainties about the party's position, and get it right from the person's mouth without the lawyer standing between you and the opposing party.