Tennis Theory of Litigation

The tennis theory of litigation analogises a lawsuit to a game of tennis, suggesting that, as in tennis, where the player who controls service is more likely to win a game, in litigation the party that controls the initiative has a great advantage in the case or proceedings.  In practice, in any litigation, the initiative is always with the plaintiff, the party that starts the case – the tennis theory suggests that the defendant or respondent must seek to wrest control of the initiative from the plaintiff.  A poorly prepared plaintiff, or an over-confident one, runs is more likely to lose the initiative to the defines.

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