Discovery Process

The best way to become in a Judge’s good graces is to produce as much discovery material as possible in the shortest amount of time. Do not worry about getting every single piece of paper or bank statement together immediately. In reality, discovery is a rolling process. Start with the simple documents such as bank and brokerage statements. Request all of your credit card statements and your frequent flyer miles. Obtain your pay stubs and pension account information. Judges like to see progress in a case. A principal reason that Judges require litigants to come to court every month or two is to make sure that the discovery process is actually happening. Consequently, it is essential that you make sure the Judge has the impression that you are being totally cooperative. This can be accomplished by producing a deluge of documents. If you produce 60 or 70 percent of what is asked of you in a timely fashion, you and your lawyer can appear in Court and complain about your spouse, who has likely not substantially complied.

Judges look favorably upon a spouse who appears to be doing the right thing. Do not make the mistake of failing to provide documents. The Judge will not rule completely in your favor because you produced the documents, but, at some point during the case when you or your lawyer needs an accommodation, such as an adjournment, an extra overnight with the children, or a few extra hours of visitation with the children, your request is more likely to be granted.