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