Undue hardship requires demonstrating that the substantial equivalent cannot be obtained without significant difficulty or expense. Cost alone rarely suffices where the information remains available.
It is assessed together with substantial need.
Alternative Names:
Undue Hardship Standard, Inability to Obtain Equivalent
Why it Matters?
Passage of time is the most persuasive hardship, because witnesses relocate, memories fade, and conditions change in ways no amount of effort recovers. Expense is the weakest, since courts generally hold that a party unwilling to conduct its own investigation cannot obtain the opposing party's work instead. Deceased or unavailable witnesses whose statements were recorded are the clearest case.
Frequently Confused with
Related terms
Frequently asked questions
What is the strongest hardship showing?
Is expense sufficient?
