To ensure the cases are resolved on their merits, our judicial system allows both parties to engage in what is called discovery. In South Carolina and throughout the United States, our courts like to see controversies resolved on their вЂњmerits.вЂќ The courts want the parties to have their day in court and be able to present their facts, their evidence, and their witnesses in a fair and even manner. Brief Overview of Discovery in Civil and Family Court Cases How could things turn out so horribly for these persons to the tune of a brief stay in jail and the cost of approximately $400,000.00? IвЂ™ll explain by (1) covering the basics of discovery (2) sharing details of why these parties were punished so harshly by the court and (3) making suggestions to avoid the consequences of failing to cooperate in discovery. Their shenanigans resulted in them cooling their heels in jail for a day, sanctions of $150,000.00, an award of my clientвЂ™s attorneys fees and costs of approximately $50,000, the striking of their answer (defense) to my clientвЂ™s lawsuit, and an entry of judgment against them that could result in an award of over $200,000.

In a civil lawsuit between two businesses that IвЂ™ve been handling for the past few years, the opposing parties failed miserably to cooperate in discovery.

In Charleston and elsewhere, if youвЂ™re a lawyer who handles personal injury claims, family court cases, or other types of litigation, then you deal with discovery in these lawsuits.

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