What is Discovery in a Family Law Case and is it Really Necessary?
Let’s begin by explaining what the discovery process is in your case. “Discovery” basically just refers to the process in the family law case where the parties obtain information from each other and from third parties in order to better formulate their strategy for their case, for their trial. Most of the information that is gathered during the discovery process can be used during your trial. There are numerous ways for attorneys to use and obtain information during the discovery process. But I’m going to cover just the most common ways that is usually obtained through a family law case.
Interrogatories
The first one is interrogatories. Interrogatories are written questions that are sent to the opposing party. These questions need to be answered within 30 days of being received, and must be answered under oath and in writing. Interrogatories are used primarily to get information, such as the existence and the locations of bank accounts, retirement accounts, and any other financial accounts.
Request For Admissions
The second one is request for admissions. These are also written questions that are issued to the other party and must also be responded to within 30 days of being received, in writing, and under oath. These questions serve to get the other side to either admit or deny certain factual information related to the case.
Request For Documents
The third one is request for documents. This is a request, obviously, for the other party to produce documents. They must be produced within the 30 days of being asked and this is an opportunity for your attorney to review and verify the documents that can be pertinent to your case.
Subpoenas
The fourth one is subpoenas. Subpoenas are used to gather information such as documents or oral testimony from witnesses that are not part of the case but that have information that can be helpful to your case or detrimental to the other side.
Depositions
And finally, number five, depositions. Depositions are informal settings where the attorneys can ask questions of the other side. They’re taken under oath with a penalty of perjury and these questions and this step in the process allows the attorneys to gather and verify requested information but it also gives the attorneys an opportunity to see how this particular witness will answer questions and how that witness will behave in court. This is a very important step.
Those are the five most common discovery processes, and although discovery can add to the cost of your case, it is a very important part of your case. It is the only way for you to get an in-depth understanding of what the other side’s case looks like and it gives your attorney an opportunity to prepare accordingly. So I would not suggest that you skip this process in your family law case.
If have questions regarding a Family Law case, or would like to discuss your particular case further, do not hesitate to schedule a meeting with our team. Contact our office at (702) 998-1188, info@ljlawlv.com , or by scheduling a consultation online.
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