Divorce and family law litigation can be gut-wrenching. When a judge makes decisions for a family regarding child custody, child support, spousal maintenance, and property division, it can be overwhelming for many.
Why Is Discovery Important in Family Law Litigation?
Discovery is integral to the process during a divorce or family law matter. As part of the discovery process, parties often served upon the other interrogatories and requests for production.
Interrogatories are written questions served upon the other party. They can pertain to various matters before the court, such as child custody, child support, spousal maintenance, and property and debt issues. Parties typically try to find out the other side’s perspective to help facilitate settlement or trial purposes.
Requests for production involve requesting that the other party produce documents and evidence relevant to the issue. The endless possibilities could include requests for financial information such as tax returns, paycheck stubs, business records, or other financial information. They could also involve requests for evidence from the other side, including photos, videos, emails, text messages, and other information.
The laws in different jurisdictions can vary, but a party typically has a deadline for responding. In some jurisdictions, it could be thirty days; in others, the time frame may vary. Ultimately, a party is to respond to the interrogatories or requests for production unless they have a valid reason to object.
What Is A Motion to Compel?
A party may file a motion to compel if the other side does not respond within the appropriate time frame, if the responses are incomplete, or if objections have been lodged. In such circumstances, one party asks the judge to order the other side to respond fully to the interrogatories and requests for production.
Hearings on motions to compel are typically non-testimonial. A judge merely reviews the discovery and the responses or objections. The judge then rules on what must be answered and what time frame. In other cases, the judge may also sustain the objection or feel the responses are sufficient. Judges can also award attorney’s fees if they believe one party is misbehaving during the discovery process.
