Columbus Georgia Divorce Lawyer
The Discovery Process and Family Law
The legal process that is used to get information from the opposing party is called as discovery. This is the prime fact gathering method used in litigations and is a good way to minimize costs. A discovery process reveals the issues that need addressing in trial, those that can be appeased with an agreement or even find hidden assets that ought to be distributed.
The process is carried out by resorting to methods like:
• Request for production of documents.
• Admission requests.
• Depositions of written and oral documents.
• Physical and mental examinations of individuals involved.
Interrogatories are a questionnaire that the opposing party has to answer under oath. This increases the probability of truth being spoken. If individual is found to provide false information to the interrogatories he can be subjected to criminal sanctions. Since another discovery process might reveal the falsifications and opposing part can be impeached during the hearing on account of this.
In the event of opposing party failing to provide answers to questions posed in interrogatory, the court can impose a myriad of sanctions like:
• Enter a judgment by default.
• Case dismissal.
• Stay of proceedings of court.
• Strike pleadings.
• Prohibit non answering party from opposing defenses or supporting case in certain aspects.
• Prohibit the introduction of certain evidence by non answering party.
• Finding non answering party guilty of contempt of court.
A Columbus Geogia family law attorney can make requests for production of documents of RPDs formally for documents that are in control of the opposing party. Failure to adhere to the requests can lead to sanctions by court as mentioned above. The RPDs should be accompanied with oath verification. There are no set limits to requests that can be made. Statements made to the opposing party are called as admissions.
They are asked to either admit to or deny the truth in specific matters, authenticity of documents etc. Such information can reduce the issues that need to be considered and addressed at trial. In the event of denial of request of admission, it is deemed admitted.
Most people think that they know what they and their better halves owned during the marriage. Yet, it is observed that the discovery process brings to fore greater assets than previously believed. Thus finding out the exact value is very important since sometimes the value is much less than believed to be. Discovery process gains importance here since it helps attorneys in planning and advising accordingly.
Modern technology has drastically reduced the cost of the discovery process. With the help internet and modern computer database technology a lawyer need not type for long hours, but can use public information to validate the answers and responses. Discovery is a useful tool and should not be neglected.