During discovery, both sides present their evidence to the court and to the other side.
If Mr. Obama has a valid Hawaii birth certificate, it would be wise for him to produce it during the discovery phase.
For Mr. Berg to prove his claim that Obama is ineligible, he will need to provide documentary evidence to that effect.
If Obama can not produce a birth certificate, or refuses to do so, then this story will go quickly from being a side-show to a major scandal in very short order.
That is what I meant. It does not really matter at this point when or if it gets to court. If Obama doesn’t turn over a valid birth certificate during discovery, Berg would petition the court to order him to do so. That would make it into a major scandal.
What’s the timing on the judge’s next response and what’s the likelihood that the judge will require obama to show a BC?
If Berg cannot show legal standing in the suit then it'll be thrown out a whole lot quicker than that.