Earlier quoted context omitted.
But that would be a criminal trial. This was a civil trial. I'm not even American and I understand the difference! The two processes work completely differently, and comparing them like this doesn't make sense. As to the points you've made: * Default judgment: If you repeatedly do not show up for a trial, then at a certain point the trial needs to still continue. You should not be able to indefinitely put off a case…
I make the comparison because the judge denied Alex a jury trial, based on him not turning over evidence, and not him missing court dates. Some of the evidence he failed to turn over is financial data. The argument made was that the lack of this evidence would prejudice the jury from finding Alex guilty. The judge sided with the prosecution on this so she defaulted him. Specifically the prosecution was making the arg…
Seriously.
Cannot.
In a criminal case, this is equivalent to standing in your doorway and physically blocking the police from executing a lawful warrant. Except, in that case, the police have recourse -- they can push you aside and execute a search. That isn't possible in civil cases; the only power a court has to compel cooperation with discovery is threatening a default judgement. This is why responding to discovery is important, and it's why the punishment for failing to do so is "you lose". Otherwise, all plaintiffs in all civil cases would simply ignore discovery and the courts would be mostly useless.
Jones failed to EVEN RESPOND to multiple discovery requests by the plaintiffs. Quoting from the order [1]:
"One month after remand, plaintiff wrote to the Defendants inquiring about overdue responses. Plaintiffs offered defendant an additional 14 days... More than three weeks later, with no response provided, Plaintiffs brought the motion". The order goes on to explain that refusing to even respond to discovery requests is a pattern of behavior and not a one-off mistake.
Again, he didn't refuse to turn over discovered documents. He didn't even say "I don't have that". He just straight up ghosted opposing counsel's request. Didn't respond!!!
You. Cannot. Ignore. Discovery.
You can respond and say "I don't have that". Of course, if you and your counsel knowingly and brazenly lie about not having a document, then civil damages are probably the least of your concerns because you will end up in prison and your lawyer will be disbarred. But, assuming "I don't have that" is true (or at least cannot be proved false beyond a reasonable doubt), then "I don't have that" is an acceptable response.
What you CANNOT do is simply ignore the request and expect a trial to proceed normally prior completion of discovery.
Ignoring discovery requests is a wildly insane thing for a lawyer to do. Failing to even respond to a discovery request after a reminder and extension from the opposing counsel -- and doing so multiple times over several trials -- is literally unfathomable to me.
There are only three reasons to do this. The first is that the discovered documents would be even more damaging than a default judgement in plaintiff's favor. The second is WILD incompetence. The third is mental instability. Those are the only three reasons, because... You. Cannot. Ignore. Discovery.
This isn't an overdue homework assignment or some procedural snafu. Discovery is a core part of a trial, and messing around with it is a huge deal. Ignoring discovery is, in most cases, way worse than a guilty verdict. You lose, you piss off the judge, and any jury will most likely assume you have something to hide that is even worse than a guilty verdict.
I might ignore a discovery request if I felt that the documents in question would likely result in criminal prosecution or additional, much more serious, civil cases. That's the only rational reason that I can think of to ignore discovery. Because, seriously seriously seriously, You. Cannot. Ignore. Discovery.
It's possible that this was just wild incompetence. It's possible that Jones is arrogant enough to think he is above the court. I do not know. But the behavior of him and his lawyers in these cases is beyond baffling. If they aren't hiding something criminal, and aren't hiding the most damning possible evidence, then they are either incompetent or insane.
[1] https://infowarslawsuit.com/wp-content/uploads/2021/10/Septe...