Family Law Contested Divorce Discovery – 770-609-1247 | Georgia Divorce Family Lawyers
Family Law Contested Divorce Discovery
In Georgia, discovery is a pre-trial phase in a law suit in which each party can obtain evidence from the opposing party through several method and devices, including interrogatories, request for production, requests for admission and depositions. In divorce cases, parties are required to disclose relevant information so as not to defraud each other (or the court) in arriving at a fair and accurate settlement.
As a party in a divorce case, whether you are the plaintiff or defendant, you can be served with an interrogatory or a notice to produce things or documents. While you are entitled to object to discovery requests, the opposing party may seek the assistance of the court by filing a motion to compel discovery, in which case the court would force you to reply.
In contested divorce cases, discovery requests can be burdensome and extensive, but refusal to comply can often impair your case. It is usually in your best interest to supply all requested documents, since it is ultimately at the discretion of the attorney which documents will be relevant to the case.
Documents that you will need to supply may include bank statements, tax returns, utility and other bills as well as receipts for purchases, including groceries. The production of things can also be requested, and examples may include books, computers, hard drives, etc.
The process of discovery after a contested case has been filed usually involved the drafting of the interrogatories by each partys lawyer. The parties can also ask each other to produce documents similar to the ones listed above through their lawyers. Once the lawyers of both parties have sifted through the answers and documents, there is usually a questioning under oath called a deposition. Other people (third parties) may be questioned at the deposition if they are deemed to have information that is relevant to the case.’
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