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Discovery Stage

There are six basic discovery tools available to attorneys in Family Law actions, their purpose being to enable each attorney to learn as much as possible about the issues involved in the action and thus properly prepare to try the case.

Tools which can be used for finding information:

1. Financial Statements - mandatory and the cornerstone of discovery.

2. Interrogations - a series of written questions prepared by one party's attorney which the other party is required to answer in writing and under oath. Their purpose are generally to investigate non-financial issues involved (such as conduct, health problems, and custody issues for example)

3. Requests for Production of Documents - A list of documents prepared by one party's attorney which the other party is required to produce for inspection and copying by the attorney requesting them, purpose to check on the accuracy of the information on the financial statement and answers to interrogations.

4. Depositions - Oral examination of a party or a potential witness before a court stenographer. Examination is usually held at the deposing attorney's office, any number of questions can be asked on any issues relating to the action and the answers are spontaneous. Depositions (questions and answers) are recorded by stenographer and made available in typed form to attorneys. It is somewhat expensive and should only be used when justified.

5. Medical Exams - Physical or mental exams conducted by an independent examiner (IME) for purpose of obtaining a second opinion where medical or mental health is an issue.

6. Property Appraisals - Conducted by experts for purpose of ascertaining the likely value of real estate and personal property where such is at issue or the reported value is otherwise suspect. Examples of property often appraised are: real estate, collectibles, interest in pension plans, and stock in closed corporations.

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Disclaimer: The information found on this site is not, and should not be considered, professional legal advice.
Always consult a professional before taking any sort of legal action.