Documents in Plaintiffs Firms

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Jpres888
Posts: 1
Joined: Sun Nov 11, 2012 1:52 am

Documents in Plaintiffs Firms

Postby Jpres888 » Sun Nov 11, 2012 1:58 am

Plaintiff firms have always been thought of as less document laden then defense firms. Is this true?

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typ3
Posts: 1362
Joined: Sun Feb 28, 2010 12:04 am

Re: Documents in Plaintiffs Firms

Postby typ3 » Mon Nov 12, 2012 4:55 pm

Jpres888 wrote:Plaintiff firms have always been thought of as less document laden then defense firms. Is this true?


Depends on the case. Both can be document heavy. If you have a plaintiff personal injury claim and you are suing an insurance company and the damages and liability are clear, then there won't be a lot of documents.

handsonthewheel
Posts: 182
Joined: Sat Feb 11, 2012 4:12 pm

Re: Documents in Plaintiffs Firms

Postby handsonthewheel » Tue Nov 13, 2012 12:26 am

Sometimes plaintiffs are already in possession of all of the necessary facts to bring their case, whereas defense has to find out what happened but also seek out anything related to negating facts of the plaintiff or affirmative defenses. Defense is going to seek production of a lot more stuff than necessary because they don't want to miss anything (fishing expedition)

Just a guess, I've never heard that truism before.
Last edited by handsonthewheel on Tue Nov 13, 2012 6:17 pm, edited 1 time in total.

utlaw2007
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Joined: Wed Dec 22, 2010 9:49 pm

Re: Documents in Plaintiffs Firms

Postby utlaw2007 » Tue Nov 13, 2012 2:16 pm

It really depends on the style of case. Sometimes, a plaintiff's discovery request may ask for a ton of documents, especially in class actions. In products liability cases, many documents are sought that may support certain factual assertions that are needed to support a legal contention. I own a plaintiffs firm. It really just depends.




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