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Divorce Discovery – Requests for Production of Documents

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As stated in the blog entitled "Divorce Discovery - Interrogatories," a party "may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party…" OCGA§9-11-34(a)(1). . In a divorce action, this means a party can obtain information about pretty much anything because almost every aspect of a person's life is relevant to their divorce action.

Another method of obtaining discovery from your spouse in a divorce action is through requests for production of documents. Through a request for production of documents, a party can request that his or her spouse "produce and permit the party making the request, or someone acting on his behalf, to inspect and copy any designated documents…" that are relevant to the divorce action "and which are in he possession, custody, or control of the party upon whom the request is served." OCGA§9-11-34(a)(1). Like interrogatories, these requests require a response within 30 days. OCGA§9-11-34(b)(2). Practically speaking, what usually happens is that a party responds to the request by making copies of the requested documents and sending them to the requesting party. In any family law action, document requests will likely ask for bank records, pay stubs, tax returns, loan applications, retirement account statements, documents supporting children's expenses, and monthly bills.

Like interrogatories, you can ask for more specific information. For example, if you think your spouse is having an affair, you can ask for all electronic communication or telephone records for a certain time period, or for this same type of communication between your spouse and a particular person. Unlike interrogatories, requests for production of documents are not limited in quantity.

Requests for Production of Documents can also be sent to nonparties. OCGA §9-11-34(c). Thus, requests can be sent to a bank for account statements, a cell phone provider for an itemized bill showing phone numbers, or an email provider for certain electronic communication.

Fulton County also has standard requests for production of documents that must be answered in every family law case. These document requests are a good starting point for any family law case because they cover the basic information needed. In general, document requests are a great way to obtain documentary evidence to support your spouse's answers to his/her interrogatories. Therefore, if you ask a question in your interrogatories, make sure you have a corresponding document request to show evidence.

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