Question By: Discovery is the legal term for the process that attorneys use to obtain and exchange information between the parties involved in a lawsuit or a divorce. This process is meant to put both parties on the same page when it comes to important information. That way, decisions can be made about how to proceed. In North Carolina divorce proceedings, it is relatively common for attorneys to request financial records and documentation related to bank accounts, pensions, 401(k)s, real estate, and other investments. However, during the discovery phase, any number of questions may be asked about a wide range of topics pertaining to the course of the marriage itself. The discovery process isn’t just about obtaining records and documents. Discovery can encompass both oral examinations and written questions to either or both parties. Written interrogatories, turning over documentation, requests for permission to enter onto land or properties for inspection, medical examinations, and requests for admission may also be a part of this phase of divorce.
The Divorce Discovery Process
Disclosure : You will also need to disclose any debts, including credit cards, liens, notes, or mortgages. If you have children, it will be relevant and necessary to disclose information relevant to their care. When you make your disclosure statement, you should also make known the witnesses you will call during the divorce proceedings.
Interrogatories : Interrogatories may seem annoying and excessive, but they offer a way to collect a lot of information in one place.
Admissions of Fact : Sometimes this is intended as a way to gather information, while at other times it may be intended to get in statements that would otherwise not be admissible. Most requests for admission will be for facts that would be detrimental to your case, so it is imperative that you respond in a timely manner with clear statements denying each numbered statement.
Request for Production : While all the discovery up until now has been more general, you can ask the opposing party to produce documents you specifically want to examine with a request for production.
Depositions : A deposition is a way to get the testimony of a witness before the actual trial or court hearing.
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