Perspective
Nov. 6, 2009
End Games
Attorney and author Michael Paul Thomas tells the cautionary tale of discovery 'gamesmanship' in Clement v. Alegre.
CIVIL PROCEDURE
By Michael Paul ThomasThe modern discovery statutes are designed to make discovery "self-executing" and eliminate "gamesmanship" from the process. The goal is to "make a trial less a game of blindman's bluff and more a fair contest with the basic issues and facts disclosed to the fullest practicable extent." Juarez v. Boy Scouts of America, Inc., 81 Cal.App.4th 377, 389 (2000). A cautionary tale about the type of discove...
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