Essentially, the Appellate Division confirmed that this is not a came and gamesmanship and playing hide the ball cannot be permitted. Most cases will settle but if a matter is going to be tried, the parties are entitled to have the evidence necessary to either prove or disprove issues at trial. Nothing less is acceptable. The search for the truth must be preserved and the court cannot permit the obfuscation of facts held solely by that party by allowing anything less than full discovery of those facts. Moreover, if that party will not provide discovery, court should, as is their right, draw adverse inferences against that party. The Court should not hurt the other party by shifting the burden of proof to that party and at the same time preventing that party from meeting their burden by obtaining the critical discovery.
Continue Reading The Next Time the Judge Says You Can't Have More Discovery, Remind Her of This Case