Also known as: stonewalls · stonewalled · stonewalling · obstruct · delay
Written by attorneys · grounded in primary & secondary sources — see below
To persistently refuse to cooperate in an investigation by withholding testimony or documents until every available legal challenge has been exhausted.
Scott Summers refused to produce documents in a contract dispute until he exhausted every motion to quash. The opposing party offered the refusal to show Summers's bias against testifying. The court admitted the evidence under the exception allowing proof of obstruction efforts.
Selena Singh directed her client to destroy records after receiving a subpoena. The bar complaint alleged she had assisted in concealing material with evidentiary value. The disciplinary panel found the conduct violated the prohibition on obstructing access to evidence.
Select any source to read its text and confirm it supports the definition.
Seth Shapiro urged a witness to ignore a subpoena until all appeals were decided. Prosecutors charged solicitation of conduct that would obstruct justice. The court held factual impossibility was no defense because Shapiro believed the witness could comply.
Stella Shapiro's state agency entered an agreement with another state to withhold records from a federal inquiry. The compact delayed production until state challenges were resolved. The arrangement violated the constitutional bar on unauthorized interstate compacts.
Solomon Silver signed a discovery response that had no purpose other than to force the opponent to litigate every objection. The court found the filing interposed solely to cause unnecessary delay. Sanctions followed under the certification requirement.
Summit Bank waited years before seeking an injunction against a competitor's use of disputed property. The court weighed the bank's unreasonable delay in bringing suit. The request was denied because the delay made injunctive relief inappropriate.
Stonewalling involves exhausting every challenge solely to avoid cooperation rather than to vindicate a recognized right. Courts examine whether the party has a good-faith basis for each objection or is simply delaying production. The distinction turns on the purpose behind the repeated challenges.
Supporting sources
Yes. A lawyer who counsels or assists a client in unlawfully obstructing access to evidence violates professional conduct rules. The prohibition covers both direct obstruction and assistance in concealing material with potential evidentiary value.
No. At common law the solicitor's culpability is measured by the circumstances the solicitor believed to exist. Even if the solicited person could not actually obstruct justice, the intent to induce obstruction is sufficient for liability.
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