What Is Discovery in a Divorce or Child Custody Case?

What is the Discovery Process in Family Law Cases?

Join us for an enlightening session with Mark L. Scroggins, a prominent divorce attorney in Texas. In this video, Attorney Scroggins delves into the intricacies of the "Discovery" process in divorce and child custody cases, shedding light on what individuals can anticipate when they encounter this vital phase in their family law matters.

Timestamps:
00:00 - Introduction
01:12 - Types of Discovery Procedures
01:30 - Written Discovery: Interrogatories and Request for Production of Documents
03:15 - Oral Discovery: Depositions and their impact
05:08 - Computer Forensics Experts and data retrieval
06:20 - Requests for Disclosures and their statutory limitations
07:45 - Leveraging Requests for Admissions to build your case
09:30 - Navigating Discovery in Divorce and Child Custody Cases: The importance of experience and strategy.
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Discovery procedures allow you to discover information that is relevant to your case. Financial information, mental health issues, infidelity, and more. We have written and oral discovery. Oral discovery involves depositions, where the parties, lawyers, videographers, a court reporter, and experts may all be seated at a table where the attorneys can depose the opposing parties and learn information. You can use a transcript from a deposition later depending on a few factors.

Written discovery documents are interrogatories, which means written questions. Most cases are level 2 cases and you can ask 25 questions. The questions are basic work-life information, financial information, and so forth.

Another form of written discovery is the request for production of documents, specifically the statements from accounts. If there was infidelity, a request for production may include questions about names, dates, and information in text messages that is relevant to the allegations that one of the parties had. Sometimes a computer forensics expert is involved because things have been erased and need to be retrieved.

Requests for disclosures are another form of discovery, limited by statute. You can ask about people with knowledge about relevant facts, their theory of the case, and a list of their fact witnesses and expert witnesses.

Requests for admissions are also used from time to time, in the form of statements that the other side shall admit or deny what is said in the statement. It takes experience and a great strategy to navigate discovery in divorce and child custody in Texas.

For assistance or more information, call Scroggins Law Group at (214) 469-3100. Offices in Frisco, Dallas, and Plano, Texas. Scroggins Law Group serves clients in Collin County, Dallas County, and Denton County, Texas.

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For additional resources and in-depth articles, visit our website at:
https://scrogginslawgroup.com/

Read our blog for more interesting and relatable family law content: https://scrogginslawgroup.com/blog/

Watch more video content from Mark and the Scroggins Law Group:
https://scrogginslawgroup.com/videos/

Mr. Scroggins is an active member of the Family Law section of the State Bar of Texas, Collin County Bar Association, Denton County Bar Association and Dallas Bar Association.

Scroggins Law Group, PLLC
Frisco Office
2500 Legacy Drive, Ste. 250
Frisco, Texas 75034
Phone: 214-469-3100
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Dallas Office
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Dallas, Texas 75206
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Plano Office (by appointment only)
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