The Truth - the Winning Argument for Your Case

18 Jul. 2012

Pre-Trial Discovery Process

Posted By The Buncher Law Corporation

Cynics poke fun at our consumption of ‘legal-tainment’ (situation drama based on some aspect of the legal process). Who hasn’t heard at least one person in the office or at a social gathering demonstrate their command of legalese with a jumble of words like discovery, subpoena, deposition?

For instance, the term “discovery” is tossed around so often that some people may believe that’s all that attorneys do. The fact is, discovery is a pre-trial process that prepares your case and equips you with information that you need to present to the court. Discovery allows all parties to examine any information deemed relevant to the case. In divorce, for instance, discovery could bring out bank statements, pay stubs, mortgage applications, bonus reports, life insurance disclosures, property deeds – even letters, text messages, and voice mail recordings. Anything relevant to the case is fair game in discovery.

Discovery can be informal or formal. In an amicable divorce, there is a free flow of information between the parties and everybody voluntarily exchanges information. That’s where you can save a lot of money. Costs begin to mount when a contentious situation forces one party to demand information.

In later installments, I’ll delve into five common tools you may see in formal discovery. In this blog, you’ll see terminology like releases, subpoenas, requests, interrogatories, and depositions. Other attorneys may use different terminology for the same issues. As far as basic tools are concerned, each discovery process has a specific role but with one goal in mind: achieving the truth and the winning argument for your case.

Categories: Divorce
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