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What is the Process of Discovery?

Discovery Explained

The process used by parties in a legal case to gather and exchange information and evidence regarding the case is called discovery. Discovery allows the parties to analyze the situation and make an educated decision on whether it is worth the time and money to dispute an issue in court or to come to an agreement on a settlement.

While every case is unique, the relevant information in a divorce or other family law case usually involves financial statements; documents regarding real estate, insurance, and personal property; expenses, health, and education concerning the child(ren), etc.

Types of Formal Discovery

The methods used in formal discovery include Interrogatories, Request for Production, Requests to Admit, and Depositions. Interrogatories are a collection of questions which are to be answered under oath by a party. Requests for the Production of Documents is a list of documents one party requests from the other party.

Requests for Admission is a list of factual statements which a party is asked to admit or deny. During a deposition, both parties, their attorney(s) and a court reporter will meet to examine an individual, asking them to fully answer a party's questions under oath. A transcript of the deposition is made and can be used later in court, if necessary.

Informal Discovery

In order to save time and money, parties may choose to engage in informal discovery. Since the discovery period lasts for months and it can take time for your attorney to filter through stacks of the parties' important documents, the parties may choose to save money and time by engaging in informal discovery, choosing to only exchange the most relevant documents.

If you have questions or would like to learn more about whether discovery is necessary in your case, contact us for a free phone consultation with an experienced family law attorney.

Written by: Rebekah Ann James

Categories:

Divorce Process
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