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Well, you take up the lawsuit with not much. You get most of the evidence during discovery. And this is quite a common thing someone says "This happened to me" they sue and get discovery. So this universe.
> b) I made none of those other arguments and they're irrelevant to my single-sentence question.
It was all relevant, you just seem to be extremely ignorant of the subject. You said the case was damaged, however, it appears you're starting to realise it may not be damaged at all.
> c) If testimony doesn't impact trials and it's all a matter of competing paperwork, why do we have testimony at all? Well, juries for one. Court cases aren't merely about dispassionately weighing competing facts: they're adversarial pursuits of persuasion.
So the other side can cross.