I'm struggling with the following dilemma.
Some information is not accessible without a court order, for example, some data stored in Apple / Google / Facebook servers.
Going to the court directly is too risky. Once the papers have been served, there are various circumstances that could prevent withdrawing / closing / resolving / settling. It happened to me in the past - both parties were in agreement, but the court did not agree on the agreement and forced yet another court hearing 4 months later.
Ideally, I would like to obtain the data (that requires a court order to obtain) so that I'm equipped with factual evidence when going to the court.
Maybe there is some mechanism available to humans? From reading books, my naive understanding is that in criminal law there is a pre-trial discovery, prosecutor and defender agree what evidence will be put in front of the jury. My situation is civil law and the main intention is to obtain factual evidence but going to court directly is too much risk, too many unknowns.
EDIT / UPDATE: From the comments:
🇬🇧 UK jurisdiction
pretty sure that discovery occurs in civil lawsuits as well,
I would like to have the 1st mover advantage, not disclose to another party that I'm entertaining a thought of taking them to the court.