What is Discovery?

Posted on July 1, 2019 by Chris Kirker

The legal system in the United States is adversarial in nature. All this means is that two sides present their cases and a judge decides the outcome—usually in favor of one side over the other. To make it fair, the rules of procedure require each side to share all relevant information with the other side. This is called discovery. And discovery is not nearly as simple as the definition makes it sound.

Discovery in divorce cases often takes three forms: requests for disclosure, requests for production, and interrogatories. Requests for disclosure require the party to disclose certain facts and information to the other party. A request for production requires a party to produce documents and tangible things that are within the party’s possession, custody, or control. And interrogatories are questions posed to a party that the party must answer fully and truthfully.

Discovery is tedious, time-consuming, expensive, and unnerving. The other party will ask for years of records, you are required to produce everything relevant and responsive to their request, and their questions will be probing and personal. It can feel like you are giving away your case to the other side before you even get in front of a judge. But don’t worry, the rules of procedure also contain numerous exceptions. Some requests can be objected to and not answered on grounds such as: undue burden or expense, invasion of privacy, or that the requested documents are privileged. Kirker│Davis can help you navigate this maze.

If you are contemplating divorce, or if you are concerned your spouse may be contemplating divorce, you need a team of highly experienced divorce litigation attorneys knowledgeable in discovery and its many objections and privileges who will zealously fight for your rights. Contact Kirker│Davis LLP to schedule a meeting with a divorce litigation attorney today.


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