If you have had any experience in legal matters or have ever watched a legal television, show you have probably heard the term “discovery.”  Discovery is the process of discovering facts in a legal case.  In other words, it is the process of finding out what information the other side has prior to going to trial.  Some of the methods of discovery include interrogatories, requests for production, third party requests for production, and depositions.

Interrogatories

Interrogatories are precisely what they seem to be: a series of questions asked by one side that must be answered by the party upon which they are served.  They must be answered under oath within a certain time period.  Because they are answered under oath, anything that is said in response to an interrogatory can be used against that party in trial.  As a result, interrogatories can be extremely important tools in preparation of trial.

Requests for Production

A request for production is also just as it sounds: a document that contains a list of documents that one side wishes the other party to produce.  Thus, you can only request documents that you know exist, or documents that you suspect exist.  Some documents that might be requested include bank statements, credit card statements, pay stubs, tax information, and more.  Once a document is requested properly, the opposing party must produce the document if it is in his or her control or custody.

Deposition

A deposition is likely a less foreign term to the average person.  A deposition is a meeting of sorts where one party asks the other party questions and both the questions and answers are considered on the record.  As a result, the transcript of the deposition may be used in court.  During a deposition, a court reporter is hired to record the testimony for use at a later time.

Discovery in a Divorce Case

Discovery is extremely important in a case involving divorce.  While it may not always be necessary, it is likely a good tool to use to ensure that you are aware of all of the debts and assets of each party.  Discovery may be the only way to get some income and other financial information from your spouse.  However, if both parties cooperate, discovery may be an unnecessary step.  Because discovery is a formalized process with multiple steps and strict deadlines, the help of an attorney may very well be crucial to your case.  It is important to note that once you have been served discovery documents, you must respond promptly to those documents or face sanctions by the courts.

Your Case

If you or someone you know is involved in court proceedings surrounding a family law case, contact our office to find out more about how we can help you with your family law case. We will advocate on your behalf no matter what circumstances you may be facing.