Discovery exchange is a long established requirement of U.S. court proceedings. Each side is generally required to exchange material relevant to the prosecution and defense of a court case. What are some typical risks of ignoring these disclosure demands in divorce and family law proceedings?
Dismissal of the Petition. Where a petitioner failed to provide financial information necessary to hold proceedings for downward modification of child support, the court dismissed his petition. See, MATTER OF DELLORUSSO v. Dellorusso, 220 AD 3d 706 [2nd Dept. 2023], citing, CPLR 3126
Preclusion of Evidence. Where a litigant failed to turn over surveillance footage he had of the opposing party, for over two years since the initial discovery demand was made, the court granted preclusion of this evidence which means the litigant could not present it a trial. See, Pizzo v. Lustig, 2023 NY Slip Op 2541 [2nd Dept. 2023].
Attorneys Fees. If failure to produce discovery results in unnecessarily prolonging the litigation and causing the expense of attorneys fees in further motion practice, the courts may direct the perpetrating party to pay the resulting fees to the aggrieved party. See, CPLR 3126.
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