What is Discovery?

What is Discovery? This is a very important topic that you need to learn about when filing a legal case.  Discovery is a tool that you can use to gather information from another party to support your lawsuit. In this blog post, you will learn how discovery helps with the outcome of your case. First, what things might you need to send and receive from the other party once you file a case? One of these will have a request for information and documents that need to produce. These requests for information from and to the other party are very impactful in legal matters. Most cases involve personal and intimate issues. For instance, in family law cases, the information will have requested that involves your husband and/or the father of your children. The reasons for separation may be painful, and starting a whole new life may be scary. You will have asked about things too. Or asked the other party where he/she currently lives, where does the child(ren) lives, etc. In addition, using discovery will undoubtedly help you in the most prevalent and sensitive case types. The main purpose of discovery is obtaining the information necessary to prove your case. Thereafter, defend against the claims made against you.

There are two main types of discovery.

1. INTERROGATORIES.

Interrogatories are also known as the questions for further information or facts. These are questions you ask the other party relating to the “issues of your case”. For example, where does he or she live? How many rooms are in the house? Who else lives there and their names? Moreover, if the parent has primary custody, questions have to ask about the visitation schedule and pick-up and drop-offs.  This is to set out in the parental agreement. This helps determine in advance what facts will have presented in court. Also allows both parties to fully understand each other’s perspective as it relates to the case at hand.

2. REQUEST FOR PRODUCTION OF DOCUMENTS (RPD).

These are formal requests that will use to obtain documents from the other party. As part of the discovery process, you must complete and send the documents back by a specified date and time. These requested tangible documents may include bank statements and pay stubs. Some of these documents will have to use for the purpose of establishing child support and alimony. As well as divorce settlements where financial disparity and ownership involves. Additionally, these documents can help when it is necessary. That is to determine appraisal values, costs, and the fair market value of the real property. These are perfect examples of written discovery where you must comply. By answering within a 30-day period set by the law. Some people are not aware of what discovery is when they file a legal matter. It’s an undervalued tool in litigation when clients don’t comply upon receiving such a request. In anticipation of discovery, what I normally do is try to give my clients a heads-up by sending them a list of things I need from them. This way, they will haven't caught off-guard with a long list of things to do when we receive the discovery request(s).  

In conclusion, discovery fills an important role in any litigation. Both parties must respond. If they do not, they will face sanctions issued by the Court. Responding to discovery has to communicate and documented well. Giving the other party proper notice of your response is also important. It is expected that the party who is not responding to the discovery request will receive a courtesy letter for follow up.

Undergoing a family law litigation? A discovery request will surely be part of it. Helping you with your case is our top priority. The Murphy Law Firm LLC can assist you with preparing for these discovery requests and ensure that they go off without a hitch when arguing your case before the Court. Contact Angel Murphy today to schedule a trial strategy meeting at (240) 493-9116 to help you prepare. If you are active on social media, Like us on Facebook @AMurphyLegal, and Follow us on Instagram @AMurphyLegal and Twitter @AMurphy_Legal.