The Truth - the Winning Argument for Your Case

1 Aug. 2012

Discovery: The Request

Posted By The Buncher Law Corporation

In the earlier post, I wrote that information is vital to court action. But I'm not talking about just any kind of information – we need truthful information. We have also learned that discovery (formal or informal) is a process by which your lawyer will help you collect information that you may need for your case. Therefore, during discovery, our main goal is to collect as much truthful information as possible.

In an amicable divorce, getting truthful information isn’t terribly difficult. In contentious cases however, your spouse may try to be evasive and conceal important information, or worse. One of the discovery tools a lawyer can use to force a contentious adversary into fair participation is by issuing a formal Request for Production of Documents.

The “Request” is a formal demand, issued by one party that demands that the other party produce relevant documents and information. Used in lieu of a simple release, the request can be very lengthy and may require the production of documents dated before, during, and after the date of separation. State law establishes the responding party's deadline; however, it is not uncommon for responses to be late due to delays caused by third parties (custodians of records) who maintain the requested records.

State law and local rules establishes the format and content of the responding party's response. It may take several “requests” during formal discovery to get the most relevant records needed to resolve your case. Commonly, the types of documents required may include financial records, employment records, school transcripts and medical records.

If the respondent fails to respond to a request in a timely manner, your attorney may ask the court to order compliance with the threat of contempt charges and fines.

Categories: Divorce
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