What is Discovery?

Published on
November 17, 2020
Written by
Angel Murphy
Category
Legal Matters

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.

  1. 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.

Angel Murphy

Personable. Passionate. Persistent.

Courtesy Letter|Family Law|Interrogatories|Litigation|Oral Discovery|Request of Production of Documents|Tips for responding Discovery|Types of Discovery|What is Discovery|Written Discovery

Subscribe to our newsletter

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Articles & Resources

March 4, 2024

Rudnick v. Rudnick (2023) & Unconscionability in Maryland Prenuptial Agreements

In Rudnick v. Rudnick (2023), a prenuptial agreement signed in 1992 became the subject of dispute during the couple's divorce in 2019. The agreement, which prohibited the division of assets or alimony, was initially considered fair but was deemed unconscionable at the time of enforcement. Massachusetts law, where the case arose, applied an unconscionability analysis at the time of enforcement. The courts ruled in favor of the wife, highlighting the importance of skilled legal representation well-versed in relevant state laws.

July 25, 2025

Estate Planning Guidance for Blended Families in Maryland

Blended families face unique challenges in estate planning due to the presence of natural children, stepchildren, and half-siblings. Trusts are especially valuable as they allow parents to control asset distribution privately and avoid probate. Well-drafted wills complement trusts by providing clear instructions that prevent confusion or disputes, ensuring assets are distributed according to the creator’s wishes rather than default intestacy laws.

July 21, 2025

More Details on Relocating with a Custody Arrangement in Maryland

Relocation by a parent often impacts child custody arrangements in Maryland, requiring formal court review to ensure the move serves the child’s best interests. Parents must usually give at least 90 days’ notice, though notice requirements can be customized by judges or agreed privately. Whether custodial or noncustodial, a relocating parent must seek approval if the move materially affects compliance with the existing custody order.

July 14, 2025

Smith v. Smith (2025) & the Power to Revise Judgments

In Maryland, parties can freely move to revise a final judgment within 30 days, but after that, changes generally require showing fraud, mistake, or irregularity. In Smith v. Smith (2025), the appellate court reinforced this finality principle, ruling that the husband’s attempt to revise a 1999 divorce order decades later was untimely. This case highlights how strictly Maryland courts uphold the finality of judgments.

July 18, 2025

Peete v. Peete (2023) & Bigamy Issues in Maryland

Bigamy, though rare, occurs when someone marries again while still legally married to another. In Peete v. Peete (2023), a first wife challenged her ex-husband’s second marriage decades later, after a divorce judgment was vacated for improper service. Ultimately, the appellate court found she had standing but denied her annulment claim because her motive was purely financial gain.