Pretrial Discovery

Discovery is the formal procedure for gathering information pursuant to rules of court. The primary methods are requests for financial statements under Supp. Rule 401, requests for production of documents, written interrogatories, depositions, and subpoenas to third parties.

See Discovery; Pretrial Discovery

Discovery is the formal procedure for gathering information pursuant to rules of court. The primary methods are:
1. Request for financial statement Immediately demand a financial statement and follow up with additional requests during the pendency of the case. Your objective is twofold: 1) fact-finding and 2) using any contradictory information among statements to impeach your spouse t trial
2. Request for production of documents and things If you followed our advice, most documents are already in your possession. Don’t waste time making unnecessary requests for production, unless for strategic reasons your want to fool the enemy into believing that you don’t possess certain documents.
3. Interrogatories propounded You are allowed to ask (propound) written questions (interrogatories) to your spouse. Skip the boiler plate, and keep questions focused. Your objective is information gathering and preparing evidence for trial, even if the evidence consists merely of perjury, or inconsistent statements used to impeach your spouse. Unlike "admissions" (see below), the court may limit the admissibility of the answers to interrogatories propounded.
4. Depositions; Party Deposition A formal, out of court questioning under oath of a party (the "deponent") by opposing counsel. A stenographer is usually present and produces a transcript. Used for information gathering, depositions also force a witness to commit to a certain story that cannot be changed easily at trial without facing impeachment. Depositions are expensive, provocative, and can offer your opponent a dress rehearsal for trial. Don’t call them unnecessarily.
5. Deposition Subpoenas; Subpoena Duces Tecum A third-party subpoena to attend a deposition and bring requested documents. These subpoenas are typically issued to employers and business associates. We often use this procedure when opposing party is uncooperative, dishonest or doesn’t keep good records. If you want documents but not testimony, arrange for them to be delivered without the expense of a deposition.
6. Keeper Deposition; Keeper of the Records Deposition Same as the Subpoena Duces Tecum, it forces the person responsible for records at a business to produce and authenticate documents. Such person’s sole role is usually identification of documents. Keepers usually have no substantive testimony relating to the case.
7. Request for Admissions Similar to interrogatories but 1) the questions require a yes or no response, "affirmed" or "denied" and 2) the response is automatically admissible evidence at trial for any relevant purpose.
8. Motion for physical or mental examination Physical examinations are sometimes requested when the opposing party, usually the husband, asserts that a physical disability impairs his ability to make support payments. Mental examinations are more unusual, occurring mostly in contested custody cases, or if one party is seriously impaired. Requesting a mental examination is highly provocative, so expect retaliation in the form of a request for you to be examined likewise.
9. Request to enter upon land A party can use the discovery to inspect real estate, often relating to valuation.