Providing information and resources for self-representation

Discovery

 

scales of justice

Discovery is the process of investigating any relevant matters in your family law case.  All parties have the right to conduct discovery within a certain time frame while the case is pending. There are discovery rules which apply to timeliness and seeking the judge’s enforcement of discovery.  It is strongly recommended you seek the assistance of an attorney in obtaining or responding to discovery.

Definitions:

Request for Admissions – these are statements which you must admit or deny. If you do not respond by the deadline, or if you do not respond at all, the Court will deem all of the Requests as admitted, whether they were actually true or not.  Therefore, you should focus on these responses first and you absolutely have to mail them by the deadline.

Request for Interrogatories –  Interrogatories are questions related to relevant facts in your case. Your responses can be amended later if there is something you forgot to include or if the information changes.  It is recommended you keep your responses as general as possible and do not include very much detail unless it is absolutely necessary.

Request for Production of Documents – This request requires you provide copies of the listed documents. You must produce copies of any documents in your possession, or any documents you can easily obtain, such as by printing statements from an online account.  If the documents are so voluminous it would be cost-prohibitive to copy/print and mail them (for example, your social media history for 7 years) then you can write in “due to the volume of documents in response to this Request, they will be provided at a later date.”

Subpoena – Once your case has been scheduled for a hearing or other event, you may obtain a subpoena from the Clerk of Superior Court. A subpoena requires the attendance of a witness for their testimony, or to bring relevant documents to the scheduled hearing or other event. It must be signed by your attorney or by the Clerk of the Court. This is a demand made by an officer of the court which can be sent to any entity or individual who has relevant records or information. You may be charged reasonable administrative and copy costs by the entity served with a subpoena.


Request Discovery

Respond to Discovery (if you are the Defendant)
Respond to Discovery (if you are the Plaintiff)