Divorce and the Discovery Phase
Deciding that it is time for you and your partner to make a permanent split is only the first step in what is often a costly and time-intensive process. On the procedural level, divorce entails a number of distinct phases, one of the most important of which is known as discovery.
At its core, discovery is about revealing details relevant to a particular case. It involves the legal representatives of either party seeking information from the other, under the penalty of perjury if these facts are withheld or falsified.
Common Discovery Methods
Attorneys go about obtaining evidence for a case (“conducting discovery”) in a number of distinct ways. Some of the more common approaches include:
- Request for Disclosure – This is a formal request for basic information, such as the names of any testifying experts, witnesses, and medical records or bills if applicable.
- Interrogatories – A list of more focused questions than would typically be covered in a request for disclosure, such as the specific legal theories involved in your opponent’s case.
- Request for Production of Documents – Apart from the information found in a Request for Disclosure, divorce cases are designed to encompass a broad range of potential pieces of evidence, including books, graphs, charts, videotapes, and data compilations.
- Request for Admissions – Basically a safety-net designed to ensure accuracy of information, a request for admissions seeks to verify the authenticity and accuracy of other provided materials.
- Depositions – Probably the most direct and immediate of discovery procedures, a deposition works much like a testimony on the stand, with the legal counsel of one party putting questions to a witness under oath.
Contact Us
For more information on the process of discovery and how it applies to your specific case, contact the experienced San Jose divorce lawyers at the Law Office of Daniel Jensen, S.C., today by calling 408-296-4100.
