When a business owner or individual is sued, one of the most critical phases of the lawsuit is discovery—the process where both sides exchange information, documents, and evidence. If you (or your attorney) fail to respond to discovery demands, things can go downhill fast. Here’s what’s at stake:
1. Court Sanctions (a Judge’s Version of a Wake-Up Call)
If you ignore discovery requests, the opposing party can file a motion to compel, essentially asking the court to force you to comply. If the judge agrees, you’ll get an order demanding that you respond within a certain timeframe. Keep ignoring it, and you may face fines, contempt of court, or having your Answer stricken.
2. Evidence Exclusion (Handing Your Opponent an Easy Win)
Failing to provide requested evidence can backfire. A judge can prohibit you from using certain documents or testimony at trial. That means even if you have a strong defense, you might not be allowed to present it because you didn’t play by the rules.
3. Default Judgment (The Legal Equivalent of Forfeiting the Game)
In extreme cases, if you repeatedly refuse to comply, the court can enter a default judgment against you. Translation? You lose the case without ever getting your side heard. If it’s a money-related lawsuit, that could mean wage garnishment, business asset seizures, or worse.
4. Paying the Other Side’s Legal Fees (Adding Insult to Injury)
When the court has to step in and force compliance, it can make you pay the other side’s legal fees related to those discovery disputes. That’s money out of your pocket for a battle you could have avoided.
5. Losing Credibility (Not Just in Court, But in Business Too)
Judges don’t appreciate gamesmanship, and neither do opposing lawyers. A reputation for dodging legal responsibilities can hurt future negotiations, settlement opportunities, and even your business’s credibility in other disputes.