What is Discovery in a Divorce or Family Law Case?

Discovery refers to the process by which the parties request and collect information from the other side. Family Law Attorney Turner Thornton explains the different methods of discovery in a divorce or family law case.
#discovery #divorce #familylaw

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0:00 What is Discovery in a Divorce or Family Law Case?
0:16 Depositions
0:34 Request for Admission
0:44 Request for Production and Inspection
0:55 Interrogatories: 25 Questions
1:15 Initial Disclosures
1:38 Rule 194
2:36 Questions? Comments?

Transcript:
Turner Thornton: My attorney said that we've been served with discovery. What's discovery?

Discovery is a formal way to exchange information about a case between parties or between attorneys. There are many different methods with which discovery can be served. Most folks are most familiar with depositions.

In a family law case, an attorney, or even possibly a party, has the ability to depose another party or possibly a witness, concerning that litigation. A party has up to six hours to depose the other side or a witness, about almost anything they want, so long as it's potentially relevant to that case.

Other forms of discovery include a request for admissions, which is admit or deny that X happened, whatever X may be. Request for production and inspection, in which you're asking the other side to show you some tangible documents. Give me receipts. Give me text messages. Show me emails. Let me see bank statements. How much is in your retirement account? All of these potentially relevant things concerning your family law case.

Interrogatories are another form of discovery used in family law cases. They are 25 specific questions to be asked. You cannot ask more than 25. You only get 25 questions, so make sure that they're poignant, make sure they're concise, and make sure they're relevant to what you're trying to receive from the other party.

A few years ago, the legislator put in place what's called respondents, or rather initial disclosures, both for respondents and possibly even for the petitioner as well. Now, in family law cases, many attorneys end up either suspending or obeying them, trying to delay potential costs for their clients. But ultimately, it's information that may be relevant to the court, should you end up before an associate judge or even a district judge on a final trial.

Initial disclosures, or disclosures generally speaking under Rule 194, are asking for generic, but at the same time, specific information on your case. Who are the parties? Who are potential witnesses? What are the possible damages in this case? Again, that may pertain to other civil cases, but they're still potentially relevant in a family law case depending on the circumstance.

Outside of a deposition and beyond initial disclosures, most discovery is due within 30 days after the date in which it's been served. It's incredibly common for attorneys and parties to agree to extensions to that date, but either way, you don't want to miss that 30-day deadline because it's likely you want to object to some of these forms of discovery.

If you don't object by the timely deadline, it's likely that your objections, if you make them subsequent, will end up being waived. In other words, you may have to answer a question that you don't want to or you don't think you should.

If you've been served with discovery, have any questions about serving discovery of your spouse or of the other parent, I'd absolutely recommend talking to an attorney.

Thank you again for watching. If you have any comments or questions, feel free to leave them down below, or you can find us at familytexas.com.