Understanding The Family Law Discovery Process
n Indiana, discovery in a family law case is mainly done through two main tools: Requests for Production and Interrogatories. In a Request for Production you are given a lists of documents that you are to provide to the other party. In Interrogatories you are provided with a list of questions to answer under oath for the other party. This part of the case can be time consuming and difficult. It can also feel very intrusive because the scope of allowable discovery is broad. Included below are some ideas on what you can expect to see in discovery as well as some tips to make the process easier.
Discoverable Evidence
Things that are regularly requested in a family law case or divorce typically include:
Information on witnesses and exhibits to be used in the trial.
Information on your income and employment history.
Information on your child’s schooling or daycare.
Documents such as bank and credit card statements.
Details on what you will be requesting in Court. For example, what do you believe to be in the child’s best interest with respect to physical custody and parenting time and what facts do you intend to use to support this?
Finaical Declaration
If you are looking to get a head start, one of the best things you can do is fill out a finial declaration prior to your initial consultation. If you are involved in a custody, child support, or parenting time matter we only need the information on your income and expenses. If you are going through a divorce, you want to fill out the whole form and be detailed as possible about your assets and debts. Getting this information sorted out in the beginning can help make the whole process easier.
Social Media
Information on our social media accounts can be discoverable so we recommend using your discretion on social media accounts because posts, messages, or pictures can end up hurting your case. So we regularly advise clients to stay off of facebook and social media during their case.
Contempt for Failure to Respond
When you are served with discovery you have thirty days to respond. So it is important to move quickly and not put it off. If you fail to respond in time or request an extension, the opposing party may file for contempt and request that you pay their attorney fees for failing to respond. If you fail to respond after you have been found in contempt, they can also ask for sanctions and prevent you from presenting certain evidence in your case, or even seek dismissal of your case. So being proactive and getting your discovery response together is very important.