Thursday, March 24, 2011

True Nature of "Discovery": But Don't Expect a Photocopy

Thanks to the WSJ Law Blog for this delightful example of the true nature of discovery in civil litigation.  This kind of conduct gives some credence to the words of the late US Supreme Court Chief Justice William Rehnquist:

Under our adversary system the role of counsel is not to make sure the truth is ascertained but to advance his client's cause by any ethical means. Within the limits of professional propriety, causing delay and sowing confusion not only are his right but may be his duty.

Walters v. Nat. Assoc. of Radiation Survivors, 473 US 305 (1985) quoting Friendly, "Some Kind of Hearing," 123 U. Pa. L. Rev. 1267, 1287-1290 (1975).

Click on the image below to read a portion of the deposition transcript where the deponent claims to not understand the reference to a "photocopy machine."

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