Principle

CIVIL PROCEDURE — Counter-Claim — Failure to Testify or Lead Evidence Deemed Abandonment

Area of law
CIVIL PROCEDURE
Court
Supreme Court

A party who fails to testify or lead evidence on a counter-claim is deemed to have abandoned it. Counsel's implicit concession of weakness justifies judgment for the other side. The principle applies to civil procedure. The rule prevents parties from making claims they are unwilling…

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