What is Discovery?

Discovery in California child custody or divorce is a legally regulated process that allows either party to request documents and ask for information from the other party about their financial situation, expenses, income and lifestyle, and issues related to custody matters. Effective discovery ensures you achieve a fair and equitable resolution of your case. 

Litigants involved in spousal and child support issues and the characterization and division of assets are often not forthcoming about their financial situation.  Litigants divert assets, hide money, fail to disclose assets and income streams, and minimize income or income capacity. A knowledgeable attorney can propound discovery to obtain relevant information and documents to present to the court at hearings or trial.

What discovery can I Propound to the Other Party?

• Demands for Production of Documents – You or your attorney can create a list of documents you want from the other party.

• Demand for Inspection – You or your attorney set a formal date for inspection of your home or other property subject to the divorce proceeding if the other party is not cooperating and/or not allowing you to access the property you own together.

• Family Law Form and Special Interrogatories – Interrogatories are questions to the litigant concerning assets, income, reimbursement claims, separate property claims, tax returns, and potentially related to child custody or earning capacity.

• Requests for Admission – Requests for Admissions (RFAs) are requests to the other litigant demanding they admit or deny the genuineness of the document you intend to use as evidence or the statement. RFAs may also be used to ask the other side to admit to the validity of documents.  RFAs can minimize trial issues.  If the other party lies in their responses or fails to respond at all, you can ask the court to have your requests deemed admitted and use as evidence in trial/court hearing.

• Subpoenas – Your attorney can issue subpoenas to financial institutions, employers, payment platforms, credit card companies, or any third party for  the other party’s records if you believe the institution has information relevant to your case information. Subpeonas are important if the other party does not cooperate and is withholding information. Because you are allowed to ask for statements going several years back to cover some of the time during marriage, you can also find hidden bank accounts you had no idea about, and see the funds transferred out and diverted. 

• Depositions – Your attorney can schedule a deposition, and with a court reporter present, the other party must testify under the penalty of perjury.  The Court reporter will produce a transcript of the deposition, which must be signed by the deponent under penalty of perjury. The transcript is used as evidence in future hearings or trial.  You can also depose witnesses about contested issues, so you have a record of the witness’s testimony to use in court.

What are the Rules Governing Service of Discovery?
California Discovery Act regulates the Discovery process. There are rules of procedure, which include limits on the timing, number of requests, and types of discovery.  For example, discovery cannot be overbroad, and the focus should be on gathering information relevant to the issues in your case before the court. Discovery must be targeted at acquiring relevant information and may not be used to harass or annoy the other party

If the other party does not respond, your attorney can file a motion to have the court compel responses. Public policy favors disclosure of all assets, debts, and income in a divorce.  There are consequences for litigants who do not take discovery seriously.  

If you are responding to discovery, it is important to have an experienced attorney help you with your responses to ensure compliance with the law and deadlines, as family law cases often involve discovery.

SUMMARY

Discovery in California is complicated; it requires strict compliance with the law. The attorneys at Livingstone Law are experienced and have a successful track record obtaining information about hidden assets and income pivotal to the favorable resolution of our clients’ cases. We have prevailed on numerous discovery motions and used discovery to obtain crucial evidence for our clients. Contact us today for a free consultation.