If you have reviewed your case schedule that was issued when you filed your Petition, you will see there is a cutoff date for discovery.
If you are in agreement with the other party, this should not be an issue. If you are trying to work toward an agreement, then you might need to provide one another information in an ability to have all you need to make an informed decision.
If you and the other party are not in agreement and it doesn't appear you are going to be able to work toward an agreement, then discovery might be an important factor in pushing the case forward.
Interrogatories/Request for Production
The most common discovery tool utilized is requesting interrogatories (questions requiring answers) and production (documents requested). These are required to be answered, even if a party objects it still has to be answered. Failure to do so could result in appearing in court for them to order them to be completed and requiring fees to be paid to the other party that could be in the thousands.
Each county has a limit on the number of questions that can be asked. This is utilized to get information that may not be known, but may materially affect the case if it is not provided.
This could be something as simple as another person living in the home to the date the person asserts when they separated from the other party.
This is also to learn whether or not there are financial accounts that are unknown to one party including bank accounts, retirement, etc.
This is a method to find out where a person may reside or work, salary, length of employment, etc.
This is also a method to find out what they may be asking for property or why they are asking for the parenting plan they are.
Requests for documents could be loan documents, credit card statements, bank statements, paystubs, tax documents, etc.
Request for Admissions
This would be asking yes or no questions that have to be answered. Failure to answer results in them being admitted.
Depositions
Depositions are another method, although used much less in family law due to cost and time constraints. This would be essentially a practice run of going to trial. All questions would have to be answered under oath and there would be a transcriptionist present.
Even if there is an objection, the question has to be answered.
These tools can help to have a complete picture of all of the issues that need resolved, but they can also be used at trial. If there are contradictory statements in what was provided in discovery as opposed to what a party states at trial. This could affect that party's credibility with the court and impact the court's ruling.
#Discovery#Trial
If you are in agreement with the other party, this should not be an issue. If you are trying to work toward an agreement, then you might need to provide one another information in an ability to have all you need to make an informed decision.
If you and the other party are not in agreement and it doesn't appear you are going to be able to work toward an agreement, then discovery might be an important factor in pushing the case forward.
Interrogatories/Request for Production
The most common discovery tool utilized is requesting interrogatories (questions requiring answers) and production (documents requested). These are required to be answered, even if a party objects it still has to be answered. Failure to do so could result in appearing in court for them to order them to be completed and requiring fees to be paid to the other party that could be in the thousands.
Each county has a limit on the number of questions that can be asked. This is utilized to get information that may not be known, but may materially affect the case if it is not provided.
This could be something as simple as another person living in the home to the date the person asserts when they separated from the other party.
This is also to learn whether or not there are financial accounts that are unknown to one party including bank accounts, retirement, etc.
This is a method to find out where a person may reside or work, salary, length of employment, etc.
This is also a method to find out what they may be asking for property or why they are asking for the parenting plan they are.
Requests for documents could be loan documents, credit card statements, bank statements, paystubs, tax documents, etc.
Request for Admissions
This would be asking yes or no questions that have to be answered. Failure to answer results in them being admitted.
Depositions
Depositions are another method, although used much less in family law due to cost and time constraints. This would be essentially a practice run of going to trial. All questions would have to be answered under oath and there would be a transcriptionist present.
Even if there is an objection, the question has to be answered.
These tools can help to have a complete picture of all of the issues that need resolved, but they can also be used at trial. If there are contradictory statements in what was provided in discovery as opposed to what a party states at trial. This could affect that party's credibility with the court and impact the court's ruling.
#Discovery#Trial
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