At trial and on appeal, we submitted motions on our client’s behalf asserting that the husband was secreting assets overseas; the husband caused the wife excessive legal fees by hiding those assets and hampering the discovery process; and requesting that the wife be granted time to properly find and assess all the husband’s assets. The Trial Court elected not to grant the motions, proceeded to trial and issued a decision. On appeal, the Supreme Court agreed with our arguments that the wife was at a substantial disadvantage since the Trial Court had not allowed us to complete discovery before trial. The Supreme Court, furthermore, established the precedent that the Trial Court could award attorneys’ fees for the party that suffered from discovery misconduct by the other party.
This is a brief summary. You should not rely on this summary as a full statement or analysis of the law that may apply in your circumstances.