Originally Posted by ilnjscb

You can see this sort of silliness all the time in court, with defendants failing to produce bank records and then claiming they have no access to them, or lost them. You or I would say, "can't you log on and ..." but the judge can't say that, and people are rarely penalized. By simply stating blankly that they can't do something, they create a burden that can't be passed without concrete evidence, even in a civil case.

Originally Posted by Biggy

You go get sued and try pulling that shit against a capable lawyer and watch what happens. The federal judges I have received decisions from, don't appear to be born yesterday.

Originally Posted by ilnjscb

That is absolutely incorrect. In fact, frivolous lawsuits are the bane of the court system, and have been subject to new laws because they are a national problem. I don't know what your personal experience has been, but mine has been what I wrote. If you'd like we can dig up stats on prosecution or contempt resulting from behavior in a federal court, but I already know the facts.

Frivolous suits are lodged all the time, and litigants frequently fail to meet required filing and response dates with no penalty whatsoever. Federal courts are over worked (by their own admission) and seldom pursue penalties.