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Documents in Plaintiffs Firms
Posted: Sun Nov 11, 2012 1:58 am
by Jpres888
Plaintiff firms have always been thought of as less document laden then defense firms. Is this true?
Re: Documents in Plaintiffs Firms
Posted: Mon Nov 12, 2012 4:55 pm
by typ3
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.
Re: Documents in Plaintiffs Firms
Posted: Tue Nov 13, 2012 12:26 am
by handsonthewheel
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.
Re: Documents in Plaintiffs Firms
Posted: Tue Nov 13, 2012 2:16 pm
by utlaw2007
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.