In order to prepare your case for settlement or trial, our Rules of Civil Procedure allow parties to a lawsuit to obtain information and evidence from one another through the use of formal discovery devices, such as interrogatories, requests for production of documents, requests for admissions, depositions, and subpoenas.  While discovery permits an opportunity to get educated about the strengths and weaknesses of the other party’s case, it also provides an excellent opportunity to evaluate the strengths and weaknesses of your own case.  In any lawsuit, it is critical to conduct the necessary discovery in order to obtain leverage that can be exploited in order to compel a favorable settlement or to obtain enviable trial results.

When a decision is made to conduct discovery, you begin to commit the other party to their version of the facts, you can test whether certain burdens of proof can be met, and you obtain the necessary evidence on factors the trial court will use in its decision-making analysis on certain issues, and you begin to identify evidentiary hurdles that may need to be discussed and resolved.  Your lawyer can explain to you in greater detail the various discovery devices that may need to be employed in your case, as there may be certain strategic advantages to conducting certain discovery devices as opposed to others.  In addition, the timing of when certain discovery is initiated may be a critical component used to maximize the leverage you need in order to strengthen your case.  

Most divorce lawyers will agree that it is almost always in the client’s best interest to negotiate a settlement of the case.  A negotiated settlement is usually much more specific and detailed than a trial court’s judgment and can address the specific nuances of the client’s case.  But sometimes, despite best efforts and attempts, a settlement just can’t be reached and a trial is necessary in order to obtain a resolution.  By far, a great percentage of divorce actions end up settling before resorting to litigation.  And while we at Boyd, Fernambucq & Dunn, P.C. are optimistic that your case will be in the overwhelming percentile of cases that settle, we practice law pessimistically and begin preparing each client’s case for trial from the time the initial consultation is completed.  

At Boyd, Fernambucq & Dunn, P.C., our experienced litigators are prepared to discuss the various discovery devices that pertain to your case, the reasons such discovery may be necessary and beneficial, and how such discovery can be best used during negotiations or in the preparation of your case for trial.  And should a trial become necessary, you and your attorney will discuss potential and necessary witnesses, expected trial testimony, and how your case should be presented in the most efficient and effective manner, depending on the particular facts and circumstances of your case. 

Rest assured, there will be peaks and valleys along the way.  But there are sunrises and sunsets in your future… this we know. If you would like to schedule a consultation with any of our lawyers to discuss any divorce matter, post-divorce modification or enforcement issues, family law matter, or the possibility of an appeal from any final judgment, please do so by locating this information under the particular lawyer’s attorney profile.