If you are going through a divorce or custody battle you know you need “evidence” to win your case. But what exactly is “evidence” and how do you obtain it? Often, what we call evidence is facts, documents, answers to questions obtained through the discovery process. For more on the discovery process, see our post on Evidence in a Divorce or Custody Battle. So, what are the 3 types of discovery requests?
- Requests for Production: These are used to obtain physical assets such as documents. We may request (or be asked for) tax returns, business documentation, birth records, copies of emails, facebook posts, text records, phone records, financial statements, and more.
- Interrogatories: These are used to get questions answered that one party has knowledge on. Think of this like a list of questions you need answers to, to ensure you are getting the right documents and making the right arguments. Interrogatories often ask about infidelity, past criminal history, employment history, and more.
- Deposition: Depositions can be used to procure testimony before trial or used to give testimony in lieu of trial. This is a helpful way of knowing what someone is going to say before they say it so we can be prepared and have the right evidence in place to rebuke the statement if needed.
This article just brushes the surface of what discovery is and how it is used. It is imperative that you have a focused family law attorney assist you with any discovery requests as there is no “undo” button and certain responses can result in you losing your case before it really even begins. Give our family law team a call to discuss your case and ensure you have an advocate fighting for you.
