Define: Discovery
"Discovery" in a Minnesota divorce proceeding or other family law proceeding, is the same as the discovery process in any other civil litigation. Formal discovery can, and usually does increase (often times substantially) the cost of the divorce process. It is worthwhile to first attempt informal discovery before proceeding with the more costly formal discovery.
So, what is meant by discovery? There are several forms of discovery, with the most common being:
Interrogatories - are formal written questions submitted by one party to the other, and the recipient is required to formally respond within thirty days
Request for Production of Documents - which is somewhat self-explanatory and involves one party formally requesting the other party to provide specific documents within thirty days
Requests for Admissions – this type of discovery is not used that often in family law, but involves one party requesting the other party to respond to specific "admit-deny" questions. It is important to note, that if the other party does not respond within thirty days to this request, that the questions are deemed admitted
Depositions - which involves both parties, both attorneys and a Court Reporter meeting to allow one attorney to formally ask questions to the opposing party, while the Court Reporter takes a formal record of the entire process. Depositions can become quite costly.
As an alternative to formal discovery, it is usually beneficial to first request certain documentation and other relevant information from the opposing side in an informal manner. Such a process often leads to the information that is sought, without the high cost of formal discovery.
Contact an Attorney if you have Questions Regarding the Discovery Process
The attorneys and legal team at Blahnik, Prchal & Stoll will pursue the best course of action (whether it is formal or informal) to obtain the necessary documents in your divorce or other family law proceeding.