What is a discovery violation?

A discovery violation occurs when one party fails to turn over evidence to the other party in a court case. This evidence must be provided by each party as part of the discovery process, which is a formal exchange of information in civil cases. This exchange is intended to help both sides prepare for trial. In Delaware, discovery violations are considered serious offenses and can result in serious punishments. When one party fails to provide necessary documents or evidence, the court may issue a discovery order. This order can include payment of fines, reimbursement of court costs, or even the imposition of criminal penalties. Furthermore, if the court finds that the violation was intentional, the offending party may face additional sanctions, such as a contempt of court citation. In many instances, a party’s failure to comply with discovery requests can significantly affect the outcome of the case. Since both sides must exchange evidence in order to be adequately prepared for trial, a discovery violation can give one party an unfair advantage. The court also may be less willing to believe testimony from the party in violation, as a lack of trust has been established. Ultimately, discovery violations are serious matters in Delaware and can significantly disrupt the legal process. As a result, each party in a court case must ensure that they are providing requested documents and evidence in a timely manner. Failing to do so can result in serious consequences.

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