Bar Bulletin

Bar Bulletin

Family Law Discovery: Pushing the Remissive Adversary

July 2017 Bar Bulletin

By Kim Schnuelle

Every family law attorney who has practiced long enough will come across a situation where the opposing party barely participates in the pending litigation. If they have not filed a response to your client’s petition, the straightforward remedy of a default is available.1

However, what if they have “done the minimum” and precluded finalization via default? Are you limited to going to trial and, if so, how can you best minimize costs and advocate for your client?

Aside from taking advantage of the court-scheduled status conference and pretrial conference hearings to highlight the opposing party’s non-cooperation, a judicious use of discovery rules...

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