Tag Archive for: discovery

What is Discovery in a Divorce Case?

Discovery is the process in which both parties exchange information, documents, and sworn testimony. It is a critical part of a divorce, especially if the parties have difficulty negotiating a settlement and the case appears headed for a trial. 

Discovery produces the evidence that fuels the divorce process. Without facts, neither party can establish their case or negotiating positions. You cannot resolve a divorce based on opinions and emotions. You need facts, which discovery reveals. 

When Can Discovery Be Used? 

Pennsylvania Rules of Civil Procedure Rule 1930.5 covers discovery in domestic relations cases. It states discovery is: 

  • Not allowed in “simple” support, custody, Protection from Abuse, or Protection of Victims of Sexual Violence or Intimidation proceedings unless a judge authorizes it. 
  • Allowed without court approval in alimony, equitable distribution, counsel fees and expenses, and “complex” support proceedings. 

Discovery can be expensive and time-consuming, so it is not appropriate in every case. 

What Can a Party Seek in Discovery? 

The information and documents sought must be relevant under Pennsylvania Rule Civil Procedure 4003.1: 

  • What is sought can concern any matter not privileged (it need not be disclosed under civil procedure rules or applicable laws) which is relevant to the divorce.  
  • It can relate to a claim or defense. 
  • It can cover the existence, description, nature, content, condition, who has custody of, and location of documents, books, or other tangible things. 
  • It can ask for the identity and location of those knowing any discoverable matter. 
  • What is sought need not be admissible at trial if the request appears intended to lead to the discovery of admissible evidence. 

The discovery process should force both parties to “show their cards” so they understand all the relevant facts as well as the strengths and weaknesses of their case. After the parties make complete disclosures, cases where negotiations have not gone well often settle. 

How Does Discovery Work? 

Discovery methods include providing to the other party and responding to: 

  • Interrogatories: A set of questions. 
  • Production requests: A list of documents sought by a party. They can exist on paper electronically. 
  • Subpoena to produce things and/or documents: A formal request by one party to the other that is potentially enforceable by court order. They are usually used by the party seeking information or documents after the other party objects to what is sought and refuses to respond. 
  • Request for admission: One party asks the other to admit whether a series of statements is true or not. 

The receiving party can object if they have a valid reason to refuse to respond to a request. (It is not relevant, confusing, or overly broad, for example). The party seeking discovery can amend the request to accommodate the objection, ask a judge to order a response, or decide to drop the issue. If there are no valid grounds to object, the party must respond. 

What are Depositions? 

Depositions are another discovery form. They are interviews of parties and possible witnesses. The people answering questions are “deposed,” and they must swear under oath that what they are saying is true and accurate.  

Attorneys for both sides ask questions. If one side feels the other attorney’s question is improper, they can object and instruct the person not to respond or limit their response. If the questioning attorney wants to push the issue, they can ask the judge in the case to decide if the objection is valid. 

Every discovery method can be helpful, especially in cases where the parties’ incomes and assets are disputed, but depositions can be critical to cases beyond the information they may provide. Not only is what is being said important, but how. Is the person confident and credible? Nervous and reticent? Angry and uncooperative?  

If the deposition goes well, the party may be more confident in taking a case to trial and demand more in settlement negotiations. If it goes poorly, and a judge or jury may not find the person believable or likable, the party may be more flexible in negotiations to avoid a trial. 

Contact Karen Ann Ulmer, P.C., if you have questions about the legal process or believe you will need representation in a divorce matter. Call us at (866) 311-4783 or complete our online contact form today.  

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What is Discovery in a Family Law Case?

Discovery is a critical piece of any divorce here in Bucks County.  Discovery refers to the sharing of information by both parties.  It can be formal (involving court orders) or informal when both attorneys are satisfied that ALL information has been shared. Although there are limits on what must be disclosed, both parties should cooperate fully and honestly when they provide information and documents so that the issue can be resolved completely and fairly. 

How Does Discovery Work? 

Discovery happens after a complaint is filed and, depending on the case, could take months or years. It includes: 

  • Questions (or interrogatories)   
  • Documents in physical or electronic form (or requests for production) 
  • Admission or denial of factual statements (or requests for admissions) 
  • Opportunity for a party’s attorney to question the opposing party and their witnesses under oath while the process is being recorded or transcribed (a deposition)
     

These requests need to be relevant and not overly complex or argumentative. Certain things are out of bounds, like communications between a party and their attorney. Inquiries into what happened long before the marriage or about issues that will not shed any light on what is in dispute (something lawyers like to call a “fishing expedition”) are also inappropriate.  

The attorney representing the party receiving such discovery requests can object to them and not respond or only respond partially. If the attorney propounding the requests wants to push the issue, they can ask the case’s judge to decide whether the objection is valid or not and, if so, what limits there can be to the response. 

Is Discovery a Big Deal? 

The importance of discovery varies on the complexity of the matter. If it is fairly simple, like a divorce between a couple with few assets and no kids, it is less critical. The more complicated the case, the more important discovery becomes. If a: 

  • Spouse owns a business, there will be questions asked and documents requested concerning its financial situation, how profitable it is, and whether it is being used to hide marital property 
  • Spouse is accused of abusing or neglecting kids in a custody dispute, those allegations need to be proven. Parties and witnesses will be deposed to determine if there is any substance to the claims 
  • Party uses an expert to put a value on a family-owned business or marital property like real estate or an art collection, questions about that can be asked, and the expert should be deposed. The same is true if a parent involved in a custody dispute hires a child psychologist to evaluate a child and their relationship with their parents  

Discovery helps both parties fully understand the facts and issues involved. They can adjust their strategy if the facts are not what they expected. Additional facts may fuel new legal issues. 

This improved understanding also puts the parties in a better position to negotiate a settlement. All the relevant facts should be known, and the strengths and weaknesses of both sides’ cases should be more apparent. Instead of having a judge or jury decide the matter, the parties take control and resolve the matter themselves. 

Get the Help You Need from an Attorney You Can Trust 

If you are considering a divorce or have questions about the legal process, call our office at (215) 608-1867. We can speak over the phone, via a teleconference, or meet in our Doylestown or Langhorne offices.  

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Discovery in Divorce

Discovery is the process of obtaining information from the opposing party in the course of a lawsuit. Discovery is governed by the Pennsylvania Rules of Civil Procedure (Pa. R.C.P.). Discovery is allowed in alimony and equitable distribution without leave of court. The information requested must be relevant to the case pursuant to Pa. R.C.P. 4003.1. In divorce, the court gives much leeway as to what is relevant since the factors for equitable distribution allow for broadness.

Formal discovery methods must adhere to the Rules of Civil Procedure and the acceptable methods include interrogatories, depositions, production requests, subpoenas to produce documents, and request for admission. Interrogatories and production request are the most frequent methods of discovery in divorce cases. Interrogatories are a written set of questions for the other party to answer. A production request lists all the documents a party is seeking. Subpoenas are utilized as well when it is necessary to get information directly from the source in the instance a party does not have it or will not cooperate in turning it over. Authorizations can be acquired in lieu of a subpoena if a party has not produced the documents themselves but is willing to cooperate in signing the authorization for the opposing party to do the legwork in obtaining the documentation.

Due to the expense to the parties for discovery, lawyers will sometimes agree to exchange discovery informally. This generally involves the lawyers deciding what information is relevant and then gathering that information and sending it to the other side in exchange for receiving documentation that they need from the other side that is also relevant.

Rule 1930.5 states that there shall be no discovery in a simple support, custody or Protection from Abuse proceeding unless authorized by court.

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Discovering Assets and Income in Divorce

It is not uncommon for parties contemplating divorce to try to hide assets in an attempt to keep them out of the marital estate that will be up for distribution. One of the biggest red flags as far as potential hidden assets is if the spending habits or lifestyle of a party is way more than would be expected based on their reported income. You should also be wary of a party who owns their own business. If they deal in cash they can easily hide money. Additionally, what they report for tax purposes is not always indicative of income available for spousal or child support. It complex cases it may become necessary to hire an expert to analyze income flow. Top level executives may receive different forms of income. Examples include stock options, bonuses, car allowances, and deferred compensation plans. Even military members often have a compensation package that goes beyond their base salary.

Discovery is a good start in seeking to track down assets, hidden or otherwise. Tax returns and bank statements are good to review in terms of sources of income as well as where the income is going. A tax return can show rental income, interest on bank accounts, dividends on stock, etc. Bank statements can show any transfers of money and identify where it went to. Parties can subpoena documents directly from the custodian of the documents if the spouse will not cooperate and turn them over. If these initial avenues of discovery do not yield the desired results, a party will have to make a decision as to whether to invest more money in the chase for hidden assets. Any party that anticipates hiding or dissipating assets may become a problem during the pendency of the divorce should obtain a court injunction right away preventing the dissipation or transfer of any marital assets.

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Discovery in Custody

Discovery is the process of obtaining information from the opposing party in the course of a lawsuit. Discovery is governed by the Pennsylvania Rules of Civil Procedure (Pa. R.C.P.). Rule 1930.5 states that there shall be no discovery in a simple support, custody or Protection from Abuse proceeding unless authorized by court. In order for you to be allowed to send discovery in a custody matter, you must get permission from the court. If a request for discovery is granted, discovery would then proceed as in any other matter.

Formal discovery methods include interrogatories, depositions, production requests, subpoenas to produce things and/or documents, and/or requests for admission. Interrogatories and production request are the most frequent methods of discovery in family law cases. Interrogatories are a written set of questions for the other party to answer. A production request lists all the documents a party is seeking. Subpoenas are a good tool when it is necessary to get information directly from the source in the instance a party does not have it, will not cooperate in turning it over, or you suspect they may tamper with the documentation. Examples of relevant documentation to seek in a custody matter may include health care records for the children and/or the other parent, academic records, any prior evaluations completed, expert reports, criminal records of the other parent, and information on potential witnesses.

Click here to read more about custody.

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Discovery During Divorce

Discovery is the part of the divorce process when information is gathered regarding marital assets and debts and separate assets. One of the main tools used to gather this information are Interrogatories and Production Requests. Many a client has gasped when they have receive 100 very detailed questions to answer or Production Requests that are pages long asking for a large quantity of documents. When you are served with Interrogatories or Productions Requests, it is best to remain calm. This is a standard part of the divorce process. Many of the questions may not apply to your case as attorneys try to cover every possible question and uncover every possible asset. When answering these questions, it is best to put that you do not have any if it is an asset such as a business that you do not have. If the question asks for records that are accounts in joint names, you also do not have to produce them. You can merely indicate that the other side has equal access to this information. Before you panic, talk to your attorney. He or she can explain to you what you essentially need. In most cases, that will be any and all records that are only in your name or your name with a third party, not your spouse.

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Discovery in Support Cases

Discovery is the process of obtaining information from the opposing party in the course of a lawsuit. Discovery is governed by the Pennsylvania Rules of Civil Procedure (Pa. R.C.P.). Rule 1930.5 states that there shall be no discovery in a simple support, custody or Protection from Abuse proceeding unless authorized by court. In order for you to be allowed to send discovery in a support matter, you must get your case deemed complex by the court. An example of a potentially complex support case requiring discovery would be one where one, or both, of the parties are self-employed. Procedure in Bucks County calls for a hearing date on the issue of whether or not discovery should be permitted. If so, the substantive portion of the hearing will be postponed pending completion of discovery as granted.

Formal discovery methods must adhere to the Rules of Civil Procedure and the acceptable methods include interrogatories, depositions, production requests, subpoenas to produce things and/or documents, and/or requests for admission. Interrogatories and production request are the most frequent methods of discovery in family law cases. Interrogatories are a written set of questions for the other party to answer. A production request lists all the documents a party is seeking. Subpoenas are a good tool when it is necessary to get information directly from the source in the instance a party does not have it, will not cooperate in turning it over, or you suspect they may tamper with the documentation. Examples of relevant documentation to seek in a support may include personal and business tax returns, W-2s, 1099 Forms, pay stubs, income projections, profit and loss statements, balance sheets, business ledgers, summaries or appraisals of all assets/property/equipment owned by the business, and statements for all personal and business bank accounts and/or credit cards.

Click here to read more about support.

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Discovery in Family Law

Discovery is the process of obtaining information from the opposing party in the course of a lawsuit. Discovery is governed by the Pennsylvania Rules of Civil Procedure (Pa. R.C.P.). Rule 1930.5 states that there shall be no discovery in a simple support, custody or Protection from Abuse proceeding unless authorized by court. In order for you to be allowed to send discovery in a support matter, you must get your case deemed complex by the court. Discovery is allowed in alimony, equitable distribution, counsel fee and expense proceedings and in complex support cases without leave of court. The information requested must be relevant to the case pursuant to Pa. R.C.P. 4003.1. In divorce, the court gives much leeway as to what is relevant since the factors for equitable distribution allow for broadness.

Formal discovery methods must adhere to the Rules of Civil Procedure and the acceptable methods include interrogatories, depositions, production requests, subpoena to produce things and/or documents, and request for admission. Interrogatories and production request are the most frequently used methods of discovery in divorce cases. Interrogatories are a written set of questions for the other party to answer. A production request lists all the documents a party is seeking. Subpoenas are utilized as well when it is necessary to get information directly from the source in the instance a party does not have it or will not cooperate in turning it over. Due to the expense to the parties for discovery, lawyers will sometimes agree to exchange discovery informally. This generally involves the lawyers deciding what information is relevant and then gathering that information and sending it to the other side in exchange for receiving documentation that they need from the other side that is also relevant.

Click here to read more on Discovery.

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