In this post, we discussed the value of a motion for summary judgment in a commercial collection case where the claims litigated relate to failure to pay on a written instrument. We touched on the need for the client to provide declarations in the form of business records. These business records, of course, are inadmissible if hearsay if they are not exceptions to the rule against admissibility of hearsay.
For many types of commercial collection cases, the claims litigated relate to failure to pay on an instrument, i.e., a promissory note, a line of credit, a personal guaranty, or breach of a contract to pay certain amounts. It follows that the goal of litigation is to conduct a minimal amount of written discovery (typically requests for admission being the most important discovery tool) and then move for summary judgment or partial adjudication of the issues.