Sentences with phrase «formal discovery»

As a result, we were able to settle the case to our client's satisfaction without the costs of formal discovery or courtroom time beyond the initial motion.

Frequently, litigation leads to formal discovery where it is determined that a seemingly random incident was predictable and preventable.

We have found the the leverage we have over insurance company's is the ability to file a lawsuit, conduct formal discovery and present your case to a jury of your peers.

The goal is to reduce the emotional and financial effects of divorce by avoiding formal discovery and individual appraisal of assets.

The natural tendency is to hire an aggressive attorney and begin filing motions for formal discovery, restricted parenting time, etc..

But in a mediation, the information tends to be more forthcomingbecause people are not being forced into tedious formal discovery processes.

With formal discovery requests, I time the requests to aspects of the case,» said Sherman.

Again, in the Litigation model, formal discovery such as subpoenas and depositions are often the most lengthy and costly parts of a divorce.

I have long assumed that the habit of including requests for procedural relief in South Carolina family court pleadings was due to the prior version of Family Court Rule 25, which encouraged the informal exchange of information but did not mandate formal discovery in family court proceedings unless stipulated to by the parties or ordered by the court.

The biggest savings result from avoiding the most costly aspects of litigation (i.e., hearing, retention of multiple expert witnesses, depositions and other formal discovery methods as well as the preparation for and attendance at a trial).

Commit to full, honest and timely disclosure without formal discovery and promptly update information

Attorneys wanting formal discovery included that request in their initial pleadings and the habit of pleading for procedural relief simply grew from there.

Proof of damages and proof of the accident itself may be evidence that is easy enough to locate and document; however, gathering legal evidence of the knowledge of the owner may require formal discovery through an official lawsuit if the owner is denying responsibility.

Fraud claims can be made the basis of a civil lawsuit where formal discovery processes can help investigate and track down -LRB-» discover») who the wrongdoers are and what they have done to take advantage of the situation.

, but others are worried that the lack of formal discovery could hurt the little guy — and that subpoena duces tecum is no substitute.

Nondisclosure and misrepresentation can usually be caught by using formal discovery.

(If you have read about collaborative divorce, and I recommend you do — then you and your spouse must disclose everything to the other, thus eliminating the need to go through formal discovery).

During Collaborative Process, waive right to formal discovery such as interrogatories, subpoenas, depositions.

Using the genomic data, the researchers traced the common ancestor of the industrial beer and wild yeasts to the 1500s — before the formal discovery of microbes.

I know a piece is done when it both conforms to my original mental vision and makes maximum use of the formal discoveries I made in the process of its making.

Nothing matches the peace of mind you'll experience from knowing all the facts, good or bad, before you start the formal discovery process.

All too often, though, despite my best efforts, that «damage control» came only after months and months of posturing, and after spending hours and hours doing the «make work» that compliance with our formal discovery rules have come to represent.

Similarly, current Federal Rule of Civil Procedure 34 (a) indicates that metadata is discoverable in the formal discovery process.

Even when there's been formal discovery and these witnesses have not been listed, the trial court might (though it probably wouldn't) allow these witnesses to testify, as the opposing party might claim that he or she didn't realize that his or her credibility would be attacked due to a failure to call these witnesses.

There is no formal discovery, as both parties agree to full disclosure at the outset of the case.

Make a formal discovery request to the prosecutor.

There is no formal discovery, as both parties agree to full disclosure at the outset of the case.

You can get caught through formal discovery.

In litigation, formal discovery is one of the most costly elements of a case.

The Collaborative Process requires both parties to sign a Participation Agreement committing to: (i) forego litigation; (ii) make full and timely disclosure of all financial information and any other relevant information without a formal discovery process: (iii) protect the privacy, respect and dignity of all participants, including the parties, attorneys and experts; and (iv) to prioritize their children's needs.

Because the entire collaborative process is done outside the courtroom eliminating the need for hearings, filing of pleadings and formal discovery, decision - making rests with the parties not a judge.

This is all done outside the courtroom eliminating the need for hearings, filing of pleadings and formal discovery.