How Discovery Sanctions Can Help Your Case

In the realm of legal trials, the truth is a critical element that can make or break a case. What happens, however, when vital evidence is deliberately withheld by the opposing party?

In such instances, the tool of discovery sanctions becomes invaluable. In this blog post we’re highlighting the importance of discovery sanctions when faced with the opposing side withholds vital evidence.

Unveiling Evidence

In a trial, the success of a case often hinges on the evidence presented. Regardless of whether it’s a criminal, personal injury, or civil rights case, the duty to disclose evidence lies at the core of the legal process.

Unfortunately, there are instances where the opposing party may intentionally hide or withhold crucial evidence that could turn the tide in your favor. When faced with this situation, the remedy lies in filing a motion for discovery sanctions.

The Motion for Discovery Sanctions

A motion for discovery sanctions is a powerful legal tool that aims to rectify the adverse effects caused by withholding evidence. By submitting this motion, there are three potential remedies that can help level the playing field and ensure justice prevails.

The Remedies:

1. Disposition of the Case in Your Favor
   The most severe remedy available is the disposition of the case in your favor. This means that if the court determines the opposing party has willfully withheld vital evidence, they may rule in your favor, effectively ending the case in your favor. This outcome can be a game-changer, providing the justice you seek and potentially sparing you from a lengthy trial process.

2. Barring Testimony Related to Withheld Evidence
   In cases where specific evidence, such as a video recording, is missing due to the opposing party's actions, the court may choose to exclude any testimony related to that evidence.
   For instance, if the incident captured on the video would have had a significant impact on the case, the court can bar any testimony discussing the incident. By doing so, the court ensures that the absence of critical evidence does not unjustly influence the proceedings.

3. Negative Inference Instruction to the Jury
   The most commonly granted remedy is the issuance of a negative inference instruction to the jury. This instruction essentially informs the jury that if the missing piece of evidence were presented, they should assume it would have had a detrimental effect on the opponent's case.
   In criminal cases, this would work against the prosecutor's case, while in civil rights or personal injury cases, it would favor the defendant. This remedy allows the jury to consider the lack of evidence when deliberating, strengthening your position.

Final Thoughts

Discovery sanctions play a vital role in preserving the integrity of the legal system. The remedies available through this motion, such as case disposition and negative inference instructions, provide viable pathways to restore fairness and integrity to the legal proceedings.

At Abdallah Law, we understand the significance of discovery sanctions and their potential impact on your case. Our experienced team of legal professionals stands ready to support you in navigating the complexities of the legal landscape. Remember, the truth should never remain concealed, and with the power of discovery sanctions, we can work together to unveil it. Contact us today. 312.229.0008

Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. Laws regarding discovery sanctions can vary by case. Consult with the legal team at Abdallah Law Trial Attorneys to understand the specific laws and regulations applicable in your area.