Discovery Process in a Divorce – Why is it Important?
Discovery is an essential part of litigation. Discovery allows each litigant to learn about the other’s financial situation, assets, debts, parenting plan requests (when applicable) and other relevant information. Discovery can often feel overwhelming and like the other side is being intrusive or requesting privileged information. However, there is very little information that is “off limits” during the discovery process. Discovery can be crucial in obtaining necessary information that will ultimately assist with a final settlement.
Under Washington Civil Rule (CR) 26(a), parties may obtain discovery through various methods, including depositions, written interrogatories, production of documents, physical and mental examinations, and requests for admission. The most common form of discovery used in dissolution matters is written interrogatories and request for production of documents.
Interrogatories are questions posed to the opposing party. Requests for production of documents is exactly how it sounds, a request for a litigant to produce certain documents such as bank statements, paystubs, a credit report, etc. Request for admissions are statements presented to the opposing party. The opposing party is asked to admit or deny the truth of certain matters, the application of law to the facts, or the genuineness of certain documents. Admissions are very useful in narrowing the scope of the issues at trial. Also, if the opposing party does not answer a request for admission timely, the request may be deemed admitted.
The scope of discovery is broad and includes any matter relevant to the subject matter of the action, even if the information is not admissible at trial, as long as it appears reasonably calculated to lead to the discovery of admissible evidence. This is usually why litigants feel like it is just the other side asking for private information. Considering any matter relevant to the subject matter, in a dissolution matter or a parenting plan matter, most of that information is personal information. For example, providing your social security number or health status are typical questions sought through written interrogatory inquiries.
It is important for litigants to take discovery seriously and ensure you are following the rules. The discovery process is often when having representation from an attorney can be quite useful. A spirit of cooperation and forthrightness is mandatory during the discovery process. Sanctions for discovery violations are governed by CR 37.
Sanctions may be imposed for unjustified resistance to discovery, serving to deter, punish, and educate parties or their attorneys. Severe sanctions, such as dismissal or default, are reserved for willful or deliberate violations that substantially prejudice the opposing party. Most often, we see monetary sanctions imposed against litigants for willfully not responding to discovery questions or providing incomplete responses. Those monetary sanctions often include a daily amount for failure to respond and the reimbursement for attorney’s fees for any motion associated with the enforcement of obtain discovery responses.
In conclusion, discovery is a useful tool. By finding hidden assets, preventing surprise, narrowing the issues before trial, or promoting fair settlement; discovery reduces the costs to the client in the long run and/or increases that which the client is entitled.
Author’s Note: This blog post is not intended to be a comprehensive analysis of the discovery process. The Purpose of this article is to outline the general process and express the importance of discovery in family law and divorce actions. The reader interested in learning more should contact their attorney.
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