What is a discovery violation?
A discovery violation occurs when one party of a lawsuit fails to provide the other party with evidence they are legally required to provide. This usually applies to civil lawsuits, including those that are heard in Washington. In legal terms, discovery refers to the process of finding and producing evidence in a case and is handled by both parties. A discovery violation happens when one party fails to disclose evidence within the required time period or if they have knowledge of evidence that could be used in the case, but they fail to share it. An example of a discovery violation in Washington could be if a plaintiff does not turn over documents to the defendant that could help them in their defense. In Washington, a discovery violation can result in sanctions such as fines, dismissal of a case, legal fees, and even ordering the offending party to pay the opposing side’s attorney fees. As such, it is important for both parties involved in a case to adhere to the legal standards for discovery. It should be noted that a discovery violation does not always mean that a party is intentionally not providing evidence. In some cases, it may be a simple oversight or mistake.
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