Fiduciary disputes can become hostile when one party tries to conceal a piece of evidence.
Parties to a civil action, such as a fiduciary dispute, are entitled to engage in discovery, which is a process that enables the parties to obtain evidence in the form of documents and information that can be used at trial.
While there are legitimate reasons for withholding certain documents and information from discovery, often parties will assert that they are entitled to withhold discovery for illegitimate reasons. When that happens, a party can file a motion to compel, asking the Court to order the opposing party to produce the contested documents or information.
If a motion to compel is granted and the Court orders the information produced, failing to comply with that order can lead to serious consequences.
Sanctions
Courts enforce their orders by imposing sanctions on a party who fails to comply. Sanctions can be monetary, such as requiring one party to pay the other parties attorneys’ fees and/or imposing a monetary fine, or they can hamper a party’s ability to put on their case.
For example, the Court can deny a party the right to assert a defense or even strike the offending party’s pleadings and enter judgment for their opponent.
As experienced litigators, the attorneys at Gaslowitz Frankel can guide you through the discovery process and protect your rights.
CONTACT US to schedule a consultation today.
