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Relief vs Affirmative Relief? If a Plaintiff in a lawsuit seeks relief such as monies and injunctions, is it affirmative relief?

El Paso, TX |

The plaintiff is resisting discovery. The "Offensive Use Doctrine" states that a party that seeks affirmative relief must give up their claims or the priviledge. Are the Plaintiff's reliefs sought considered "Affirmative Relief"?

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Attorney answers 3



I am licensed only in Texas. Offering information of a general nature in response to a question is not intended to be legal advice in your state.



Thank you very much for the answer.


The answer to your question is yes, but it is not that simple. I am concerned that you do not really understand the doctrine. No offense, but it is very rarely applicable and NOT favored by courts. The courts have ruled that its use should be avoided. I obviously know nothing about your case, but just because someone is seeking affirmative relief, that does not mean they automatically waive priviledges. I am not going to tell you what you should do, except you need to hire a lawyer.

This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.


This is a very rare occurence so you had better dig in to learn a lot more about it. Or, hire an attorney that knows the ropes. Good luck

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