Proving the Negative in Discovery Productions
“A requesting party has a very difficult problem when a producing party has made a very small production that the requesting party believes is deficient. This situation quickly turns into the requesting party trying to prove a negative to the Court that a production is inadequate, without any evidence to support the argument. However, just because a requesting party cannot prove a production is inadequate, does not mean the production is adequate. A Court was faced with this issue in Am. Home Assur. Co. v. Greater Omaha Packing Co [and created] a good alternative to forcing a requesting party to prove a negative.”