Full question:
In a civil case, is the plaintiff's attorney allowed to withhold evidence until the deposing of the defendant's witness?
- Category: Evidence
- Date:
- State: North Carolina
Answer:
The ability of a plaintiff's attorney to withhold evidence until a deposition depends on the specific circumstances of the case, including the type of evidence and its intended use. Local and state rules typically require the exchange of certain evidence, like witness lists and expert reports. However, attorneys are not obligated to share their entire trial strategy or disclose all evidence obtained before a deposition.
For instance, a party may withhold information that has not been requested during discovery but could be used to challenge a claim or a witness's credibility. According to court rules, a deponent is not required to produce any documents prepared by the opposing party or their attorney in anticipation of litigation unless ordered by the court due to potential injustice or undue hardship. Furthermore, documents reflecting an attorney's mental impressions or legal theories are also protected from disclosure.
In personal injury or property damage cases arising from negligence, a party may require the disclosure of the opposing party's insurance policy limits, but this information cannot be introduced as evidence and is only for evaluating settlement offers.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.