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by underlipton 16 days ago
>Holding parties to different standards of evidence is a horrible idea

We already do that. Plaintiffs can introduce whatever, and as long as it's plausible, defendants have to directly prove it's a falsehood or otherwise inadmissible (not just that it's plausibly so, perhaps circumstantially). Sewer service is a glaring example.

>In these cases, it would be naive to treat the plaintiffs (who I would argue are proxies for the attorneys) as the parties with fewer resources or sophistication.

You're assuming that I disagree. Pro bono/contingent/discounted hours billed would count towards "greater resources or sophistication", and while I'm sure lawyers would love to argue whether or not that's fair, I think you'd find that the Average Joe would say so. And I'd really like to live in a system which has his needs in mind more than that of Dick C. Eshahl, Esq.