Discovery, which is the way the trial without it.

Discovery affords an angry attorney fees.

In the face of discovery violations, courts bring sanctions, which is punishment for improper behavior. When problems development during discovery, the first step -- and one required in some jurisdictions -- is for one lawyer to contact the other and attempt to resolve the problem without sanctions. That failing, the next step is to hearing, the court may sanction the obstructing party.

As a general, noncompliance must be willful, not inadvertent or unintentional.

Courts consider factors in the selection of the appropriate sanction. The include the degree of willfulness or duration and the number of violations; the effectiveness of the sanctions in bringing about the desired result; and the part, if any, opposing counsel may have played in the problem.

In imposing sanctions, courts seek a punishment that fits the crime. The most severe sanction is the denial to contest, generally by striking the pleading of the offending spouse and act accordingly in deciding a party’s credibility.

Some courts have considered discovery violations as a factor in distribution; other have not. A spouse’s noncompliance with discovery obligations or orders may be justification for awarding attorney fees to the victim spouse.

See Discovery.