Blocking a Blitz of Lab Tests: How Not to Pay far too much for Unnecessary Tests on Evidential Documents


Four cases involving the same opposing document examiner are described. In each an attorney and/or a colleague consulted me as to how to handle a thorny problem the opposing examiner posed. The four cases are good representations of several kinds of problems I have been consulted on, though that might have been only one element of my work in the case. For one a redacted version of a declaration under penalty of perjury is provided that best illustrates an effective reply to a crate blanche demand for unrestricted and unsupervised testing of an evidential document you hold for the good of your client. You want to honor an honest request for production but need to know just what these document examiners are up to and what are they really aiming for.

Cases: Blocking the Blitz of Tests