Can the Other Side Hide Evidence in a Lawsuit? A Primer for Clients
It’s a common concern: what if the other side hides documents, lies under oath, or “forgets” key facts during a lawsuit? Pennsylvania courts take this seriously, and there are rules to protect against it.
1. Discovery Rules and Duties
Under Pa. R.C.P. No. 4003.1, each party must disclose information relevant to the case. That includes emails, contracts, photos, and more. They are not allowed to hide documents or selectively respond. Your lawyer may send a preservation demand notifying your opponent of their duties to preserve evidence. Even if one is not sent, the rules of civil procedure still impose basic duties on litigants.
2. Depositions and Testimony
In depositions (Pa. R.C.P. No. 4007.1), witnesses testify under oath. If someone lies, they may be charged with perjury under 18 Pa.C.S. § 4902. If it is evident that a deponent is lying or not being forthcoming at a deposition, your attorney may admonish the witness, citing perjury or other rules to get the witness to comply. Each side is entitled to full and complete answers to their questions in a deposition.
3. Enforcement Tools and Consequences of Misconduct
If the other party fails to respond to discovery or appears to be hiding something, your attorney can file a motion to compel (Pa. R.C.P. No. 4019). Courts may order the documents to be turned over or order other lackluster responses—and can sanction violators. Courts can enter default judgments or bar evidence if misconduct is proven.
4. Don’t Wait to Act
If you believe the other side is withholding evidence, tell your lawyer immediately. The earlier it’s addressed, the more likely the court can fix it.
Summary
Most people comply with discovery, but when they don’t, Pennsylvania law gives you tools to fight back. You don’t have to tolerate dishonesty in litigation. If you are sure or reasonably certain your opponent is engaging in dishonest behavior, let your attorney know and he/she will hold the guilty party accountable.
*Disclaimer: the advice provided is for informational purposes and is not intended as legal advice. It should not be relied on, nor construed as creating an attorney-client relationship.