“The stay order stays ‘proceedings’ that would:
1. move the case toward trial; or,
2. impose additional burdens of litigation on the Defendant”
I’m not a lawyer, but I find that hard to believe.
Definitions of “proceeding” according to the Justia Legal Dictionary at https://dictionary.justia.com/proceeding :
1. A process or sequence of actions taken to enforce, regulate or execute laws, rights, or remedies
2. Any event, trial, hearing, or application that happens in a court
3. A formal investigation or hearing led by a body that manages or controls a particular activity
4. The process of investigating or prosecuting a criminal act
5. An official document or log that records activities, events, or statements
Requests for Production as part of a pre-trial discovery are some of the most burdensome aspects of lawfare. It is part of why there is a saying that “the process is the punishment.”
A post-judgment discovery as part of enforcement may not “move the case toward trial”, but pre-trial discovery certainly does. Other than enforcement actions I can’t imagine a scenario in which discovery is not moving the case toward trial. Even if the discovery is preparatory to depositions, it is still moving toward trial. That’s the whole point.
And if the ruling is overturned (the point of the stay), wouldn’t this discovery be pointless?
I practice lawfare. A production of documents, alone, does not move a case toward trial unless there is a deadline to file a Motion to Compel Further Responses. Discovery motions would be counter to the stay. Otherwise, the production itself does not require any immediate action on the Defendant’s part, which would be a burden. Trump’s team does not have to do anything with it until after the stay is lifted. By making the production, Smith only burdened himself
They do have a point when it comes to the Motion in Limine that was filed though, because it contains specious political allegations, speculation and lies that will be sitting out there until the end of the stay. Smith did that for the media to continue their BS narrative.