Pre-Trial Discovery of Net Worth Information: Do Not Back Down

Mississippi Association for Justice
Voir Dire Magazine (Summer 2009)

Miss. Code Ann. §11-1-65 provides that the fact-finder shall consider, among other factors, “the defendant’s financial condition and net worth” when determining the amount of a punitive damage award. Many of us, consistent with this statutory mandate, propound interrogatories or requests for production which are calculated to elicit the financial condition and net worth of a defendant. Invariably, written discovery requests of this nature are met with objections. The purpose of this brief article is to provide ammunition to fight these wrong-headed objections.

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Pretrial Discovery of Net Worth Information - Article2.pdf