Courts have the authority to curb discovery abuse. Lawyers have ethical obligations not to engage in discovery abuse. The right of a litigant to discovery is primarily the right to obtain information. Yet despite all of this, discovery abuse in civil litigation remains common. This undermines the integrity of the judicial process, and prevents trials from being what they are intended to be: a search for the truth.
Discovery abuse takes a variety of forms including evasive discovery responses, boilerplate objections to written discovery, speaking objections during depositions, the failure to produce responsive documents, and even making misrepresentations. Such conduct is directly contrary to the very purpose of discovery: to ensure that lawsuits are decided by what the facts reveal, not by what facts are concealed.
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