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

Asked almost 2 years ago - 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"?

Attorney answers (3)

  1. Gary Alan Armstrong

    Pro

    Contributor Level 16

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    Answered . Yes

    I am licensed only in Texas. Offering information of a general nature in response to a question is not intended to... more
  2. Richard Kurt Arbuckle

    Pro

    Contributor Level 18

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    Answered . 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... more
  3. Alan James Brinkmeier

    Contributor Level 20

    Answered . 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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