Discovery allows spouses in a California divorce to obtain information needed to address property, income, support, and other disputed issues. But what happens when one spouse ignores discovery requests, provides incomplete answers, or refuses to produce requested records?

California law provides procedures for compelling discovery and, in appropriate circumstances, imposing consequences for misuse of the discovery process. Those consequences can become significant when a party repeatedly refuses to comply.

What Is Considered a Discovery Problem?

Discovery disputes can arise in several ways.

A spouse might fail to respond by the applicable deadline, provide only part of the requested information, give evasive answers, or make objections that do not adequately justify withholding the requested information.

Problems can also arise when a spouse refuses to produce documents that should be produced or otherwise interferes with the discovery process.

The appropriate response depends on the type of discovery involved and the nature of the deficiency. California’s discovery statutes contain procedures that may allow the requesting party to ask the court to compel the missing discovery.

What Is a Motion to Compel?

A motion to compel asks the court to require compliance with discovery obligations.

For example, a motion may become necessary when a party fails to provide required responses or provides responses that are incomplete, evasive, or otherwise inadequate.

Discovery disputes should not automatically be viewed as an opportunity to involve the court. Depending on the issue, the parties may be required to make a reasonable effort to resolve the disagreement before seeking court intervention.

The source materials specifically address the importance of good-faith efforts to resolve disputes involving document requests. Failing to reasonably meet and confer can itself have consequences.

What Types of Discovery Sanctions Are Possible?

California recognizes several types of sanctions for misuse of discovery.

These include monetary, issue, evidence, terminating, and contempt sanctions. The sanction available in a particular situation depends on the discovery violation and applicable procedure.

Monetary sanctions can require payment of reasonable expenses resulting from discovery misuse.

More serious consequences can affect the issues or evidence a party is permitted to present. In particularly severe cases, California family law decisions have upheld sanctions excluding evidence or even striking a party’s response and allowing the case to proceed toward default after willful violations of discovery orders.

Those are serious remedies and should not be confused with the ordinary consequences of a minor discovery disagreement.

Ignoring Discovery Can Make the Case More Difficult

Avoiding a discovery request does not necessarily make the underlying issue disappear.

Instead, noncompliance can lead to additional motions, expense, court orders, and potentially sanctions. It can also make trial preparation considerably more difficult if evidence is later restricted because discovery obligations were not satisfied.

Responding carefully and on time—and addressing legitimate disputes through the appropriate procedures—can help prevent a discovery disagreement from becoming a separate problem within the divorce case.