Discovery is a process involving the exchange of documents, information, and other potential evidence between parties to a lawsuit. This exchange requires evidence supporting your claims and defenses in the case and evidence supporting the other party’s claims and defenses.
What is the purpose of discovery in a divorce?
Discovery is a legal term referring to a fact-finding process that takes place after a divorce action has been filed and before the start of trial. Discovery requires the parties to disclose material facts and documents and allows the parties in the case to prepare for settlement or trial.
What happens in a divorce discovery?
The discovery process involves three tools: interrogatories, depositions, and requests for document production. An interrogatory is a written questionnaire prepared by one attorney and sent to the other party for them to answer. A deposition is an interview that an attorney conducts on other parties or on witnesses.
How far back does Discovery go in a divorce?
You can certainly make discovery requests that go further back than three years, especially if you have good cause to make such requests. There is nothing that prohibits you from making the request.
How do you answer a discovery divorce question?
Tips for Responding to Marital Interrogatories, Custody Interrogatories, or Parental Allocation Interrogatories
- Your answers should be short and concise. …
- Type your responses, please do not handwrite your responses.
- Be truthful. …
- You must sign and verify that the information provided is true in the presence of a notary.
What happens if you don’t answer a discovery?
To sanction a party failing to comply with discovery, the court can order attorney’s fees, or they can order the fact you are seeking to establish as having been “established” for purposes of your case, because the other side will not respond to the discovery on this issue.
What does a discovery mean in legal terms?
This is the formal process of exchanging information between the parties about the witnesses and evidence they’ll present at trial. Discovery enables the parties to know before the trial begins what evidence may be presented. … It is to be used at trial or in preparation for trial.
Can you empty bank account before divorce?
So, technically, either owner can empty the account at any time, no matter who deposited the funds. During a divorce, the court considers any funds and assets in your joint account to be marital property. Those funds belong to both spouses, even if just one spouse was responsible for the majority of the deposits.
Can you hide money during a divorce?
Once either spouse starts a divorce action, or you begin to work with a mediator or collaborative divorce attorneys, both spouses are required to disclose all of their finances. Concealing an asset (like cash) can result in financial penalties and sanctions from the court.
What happens if you hide money in a divorce?
If you or your spouse hide or devalue assets, it will be discovered – either by your lawyer or by your ex-spouse’s lawyer. … Since your judge can make virtually any decision s/he wants within the boundaries of California divorce law, your dishonesty or hiding of assets will result in punitive damages.
How do I find hidden bank accounts in a divorce?
How to find hidden bank accounts
- Hire a reputable divorce attorney who is knowledgeable about finding hidden assets. …
- With the help of an attorney, you can subpoena many valuable records, including employment records, bank statements, loan applications and other account records.
Should I tell my divorce lawyer everything?
It’s important to share all relevant facts with your divorce attorney so he or she can prepare for and deal with potential problems. … You don’t need to tell your attorney everything about your marriage and children, but make certain to share all items relevant to the issues of your case.
What types of evidence can be legally obtained during the discovery process?
Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and …
Can evidence be submitted after discovery?
Yes, evidence can be submitted after discovery. … Evidence can be submitted with or without approval from the opposing party, but it is possible that the opposing party may argue that any submission of additional evidence may be cause for a new trial.
When can I request discovery?
Here are some of the things lawyers often ask for in discovery: anything a witness or party saw, heard, or did in connection with the dispute. anything anyone said at a particular time and place (for example, in a business meeting related to the dispute or after a car accident that turned into a lawsuit)
How do you conduct discovery?
Discovery is conducted by sending written requests in a proscribed form to the opposing party specifically listing the type of discovery sought, the manner in which it will be obtained, and the time for complying with the request. Check your state and local rules for the required form of these requests.