As to my catch-22, Ms. Mitchell and Mr. Wallach would have plaintiffs proveall their facts prior to discovery.  But that is not our system.  One might well have defendants have all their facts proved for affirmative defenses before they list them in the answer. But we don’t do that either.

I do not advocate meritless suits.  Rather I am noting that many claims require plaintiffs to prove information to which they cannot gain access until they get to discovery.  Hence making them plead such facts is a catch-22.  This is not saying such facts do not exist, rather it is saying they are not in possession of the plaintiff at the time of filing the answer.  If we put pressure to prove all facts before filing a complaint, the effects could be unappealing.  To name just one for example, this scheme would push plaintiffs to hire teams of private investigators, outside the supervision of the court, to gather information in order to justify allegation.  

I am signing off.  It’s been a pleasure. My thanks to Ms. Mitchell, Mr. Wallach, and the folks at PublicSquare.net.