What is discovery in child custody?
What is discovery in child custody?
In any family law matter, each side is entitled to ask for and to receive documents and information from the other side. This process is called “discovery”. The most common forms of discovery are depositions and requests for production.
What can be asked in discovery?
Here are some of the things lawyers often ask for in discovery:
- anything a witness or party saw, heard, or did in connection with the dispute.
- anything anyone said at a particular time and place (for example, in a business meeting related to the dispute or after a car accident that turned into a lawsuit)
What happens during discovery in a family law case?
During discovery, the law obligates both sides to reveal facts about the case. Without this part of proceedings, the parties would go through the trial in the dark about what the other side will do or say. Discovery may add to the expense of a family law case, but it can make all the difference.
Who are the third parties in family law proceedings?
Third party problems can take various forms in family law proceedings and are infinite in their variety and scope. It must also be remembered that family law proceedings can present problems for third parties who are genuinely owed money by either or both spouses and whose claims are put in doubt by ingenious use of the legislation.
When does a court order non party disclosure?
The court only has jurisdiction to order non-party disclosure where the documents sought are likely either to support the case of the applicant or adversely affect the case of one of the other parties to the proceedings, and disclosure is necessary to dispose fairly of the claim or to save costs ( CPR 31.17 (3) ).
How does informal discovery work in a case?
Informal discovery involves gathering information on your own, without help from an attorney. Informal discovery is only successful if the other side is cooperative with the investigation. You can conduct informal discovery before the case even begins.