Understanding family law cases requires exploring a critical phase known as the discovery process. Through it, your attorney can gain essential information about the other party’s case before trial. Because both sides will engage in it, the discovery process facilitates transparency. Through this systematic procedure, each party can understand the opponent’s case in-depth. The goal is to ensure the trial or settlement is founded upon facts and verifiable information.
The Forms of Discovery
Interrogatories
Within the discovery process, interrogatories are tools where one party extends a set of written questions to the other. They necessitate an oath-bound written response. These are versatile and will cover the parties’ financial standing, historical data on employment and criminal activities, physical and mental health statuses, and details regarding any children involved.
Requests for Production of Documents (RPDs)
RPDs require one party to produce documents upon the opposing party’s request. They are a conduit to access relevant documentary evidence from financial to communicational records. This comprises an expansive array of documents, including but not limited to tax returns, bank and investment statements, credit reports, and communication trails in the form of emails and social media posts.
Requests for Admissions
Requests for Admissions require one party to either admit or deny specific statements. An admission validates the information for the case’s duration. They can assist in establishing agreed-upon facts or disputing particulars. For example, this applies to marital history, separation date, or any pre-existing custody or support arrangements.
Depositions
Depositions, conversely, involve oral examinations under oath. They are documents by a court reporter and are potential trial resources. These are pivotal in gleaning testimonies on numerous topics, including but not limited to parties’ relationships with the children involved, their financial context, and the children’s needs and preferences. Although your attorney can object to the questions, you must answer each one.
Timing and Challenges: Practical Insights into Discovery
Typically unfurling after the preliminary pleadings and financial disclosures, the discovery phase might stretch over several months. The timeline can vary based on the complexity of the case. While the discovery phase undoubtedly propels the case forward, it is imperative to acknowledge its potential hurdles. The discovery process might be challenging from a financial, emotional, and temporal viewpoint. It demands resources and immense psychological and emotional endurance from the parties involved.
The discovery process in family law often feels invasive to individuals due to the required sharing of personal and detailed information. This step in the legal process involves revealing specific data about financial, health, and relational matters—which might otherwise be private. The thorough examination and potential use of this information in the case can lead to feelings of vulnerability and discomfort among the involved parties. Consequently, legal teams manage this process to maintain the client’s emotional well-being while ensuring that all procedural requirements are met accurately and timely.
Norton Pelt
When steering through a family law case, Norton Pelt operates as a law firm and family. This team roots for you with a personable touch and undeterred perseverance. Norton Pelt upholds a unique blend of philosophies in our practice. We meld traditional and contemporary approaches to law. This law firm establishes itself as a haven for a variety of clients. Professionals, entrepreneurs, and parents aiding their adult children through legal difficulties all find a place here. Clients find more than just legal counsel at Norton Pelt. They also discover steadfast support and unshakeable advocacy through their legal journeys.
Schedule a consultation with Norton Pelt and discover a legal team and a family that consistently stands beside you, ardently advocating for you.
Norton Pelt, PLC
Latest posts by Norton Pelt, PLC (see all)
- Navigating Discovery in Family Law - November 6, 2023
nortonpelt.com