Where is The Evidence?: Discovery in Divorce Cases

As part of your case, you may be asked to provide evidence and information to the other party and request evidence and information from them. This is process is called “discovery” and is most often done when the parties are represented by attorneys.

There are several kinds of discovery, including:

• Depositions: taking testimony under oath from a party or a witness outside of the courtroom;

• Interrogatories: written questions the other party answers in writing under oath;

• Document Requests: a written demand that the other party provide copies of important papers;

• Requests for Admissions: a written request that the other party agree that certain alleged facts are true. (This is much less commonly used than the other types of discovery.)

If discovery is requested, it must be provided unless there is a valid reason to object. If an objection is made, the court will need to decide whether you must give the other party the information. Failing to do so can lead to sanctions, including paying the other party’s attorney fees or not being allowed to use the evidence in court. It is VERY IMPORTANT never to destroy information or evidence.

To discuss responding to discovery requests, or any other family law matter, call Kruse Family Law, PLLC at 612.231.9865, or email corwin@krusefamilylaw.com.