Post #4307752

He cannot claim he didn’t and his inability to produce them may result in a default judgement. A default judgment is a step beyond what happens. A default judgment relates to a complete failure to engage in the process in any way (like failings to enter an appearance, failing to prescribe to the time periods for filing responsive pleadings, etc.) What a failure to produce because the document(s) (intentionally or negligently) no longer exist would be to create an adverse inference/presumption. This could lead to special jurry instructions, if it was material to the case, that weight against the bad actor.