Nine Divorce Discovery Tips for 2009

9. In many cases, especially where there are not a lot of complicated assets, parties will avoid formal discovery and just exchange affidavits, listing assets and liabilities with documentation. This is under oath, and does provide some protection.

8. In most divorces, interrogatories are filed. These are questions covering assets, liabilities, and any other issues such as employment, health, and anything that is relevant to the case. In Michigan, these must be answered within 28 days under oath.

7. Requests to Admit – This is a tool which requires admissions or denials of key facts and issues in a given divorce case. This can be a very effective technique in certain situations.

6. A Notice to Produce – This is a requirement that certain documents have to be produced by the opposing party within 28 days.

5. Subpoenas – These are documents that are sent to an employer, a bank, phone company, etc. to require that bank accounts, records, retirement accounts, wage or pension information, be supplied to determine assets and liabilities. They can also be used in certain situations such as phone records or text messages, where fault is an issue, such as an extra-marital affair.

4. Depositions – These are proceedings where testimony is taken under oath at an attorney’s office with a court reporter present for discovery of assets and liabilities, or any other relevant issue in a divorce or other type of case.

3. Often where there is a business, professional practice, real estate, or other asset, there will be an expert such as a business appraiser, CPA who specialize in this area, real estate appraiser or other expert, to assist in determining the assets value which can be a key issue in a divorce.

2. In some cases where there are complicated issues regarding discovery and assets, a judge can appoint a discovery master who is an attorney who is brought in to oversee and make rulings on contested discovery issues.

1. Last, but not least, in some cases motions must be filed to compel cooperation by the other party regarding discovery issues. For example, if interrogatories have not been answered in a timely matter, or have not been fully answered, there may be a motion to compel. The same can be said for requirement of someone to appear at a deposition, or other discovery issue. In that situation, the court can compel the discovery and actually assess court costs and attorney fees if someone is being unreasonable with regard to failing to provide responsive answers to discovery requests. It is important to talk to your attorney and make sure that the appropriate discovery is done for your needs. In some cases, a minimum is all that is required and in other cases, you need very extensive and sometimes protracted and expensive discovery.

Article provided by Oakland County, Michigan lawyer Henry Gornbein. Call our Metro Detroit family law offices to schedule a consultation.