You Cannot Claim Surprise About Evidence You Never Investigated

By any measure, discovery is the engine that drives modern civil litigation. Depositions, expert disclosures, document production, independent medical examinations, and pretrial motions exist for a common purpose: eliminating surprise. Yet every trial lawyer has encountered a recurring phenomenon. Evidence that was available throughout discovery suddenly becomes characterized as unexpected once it proves damaging at … Continue reading You Cannot Claim Surprise About Evidence You Never Investigated