The Phoenix Divorce topic of today is the question, What Is Discovery? Discovery is the disclosure of information from both the Petitioner and Respondent in a divorce proceeding. Discovery can involve written questions, oral statements, documents and admission requests. Discovery was designed to eliminate the possibility of being ambushed in court and is required by Arizona state law. Discovery is a vital tool in the success of your divorce case. Contact an Enholm Law, PLLC Phoenix Divorce Attorney today for a free consultation to discuss your case.
Interrogatories are written questions from the Respondent to the Petitioner, or from the Petitioner to the Respondent. Questions are delivered from one Phoenix Divorce Attorney to another through registered mail. Answers are usually due between 20-30 days from the time of receipt. Interrogatories can cover information that is not considered privileged, but pertinent to the matter at hand.
Document and evidence requests can be made by either side in a divorce case. Either party is required by law to provide any documents or evidence they are going to produce in court. Documents can include email, video, images or text that relates to the matter before the court. Documents or evidence that are not provided to the opposing side will most likely be objected to in court and often, the court will not allow them into the existing proceedings.
A deposition is a set of verbal questions that are asked of a Petitioner or Respondent. Depositions are a chance to receive an immediate response from the person being questioned. A deposition usually is recorded by a court reporter. The person being questioned is sworn to tell the truth before questioning begins just as if they were in court. The deposition is an excellent tool for the Phoenix Divorce Attorney who wants to have instant responses, on the record, about the matter at hand.
Requests For Admissions
A Request For Admission is typically a request for the opposing party to admit or deny a relevant fact. This could include almost anything such as finances, property, extra-marital relationships, gambling or any other pertinent information. The intent by a Phoenix Divorce Attorney in this case is to get a record of a response before going to trial to insure that the person will be consistent during their actually testimony before a judge.
Other Methods Of Discovery
In addition to the methods mentioned above, there are other things that a Phoenix Divorce Attorney can bring into the case if they feel it is required. These could include audits of financials and property, physical or mental evaluations, drug testing or permission to enter land or property for an evaluation. To discuss the options that are open to you, call an Enholm Law, PLLC Phoenix Divorce Attorney for a free consultation today.
Protect Your Rights
We always tell people that there is no substitute for solid legal advice. The Enholm Law, PLLC Phoenix Divorce Attorney that you meet with for your free consultation has solid experience with Divorce and Discovery in Arizona. Enholm Law, PLLC promises clear fee structures, easy affordable payment plans, comprehensive trial plans, excellent communication and ongoing training in all areas of Phoenix Family Law.
To protect your rights, and your future, Call (602)889-6273 for a free initial consultation with an experienced Enholm Law, PLLC Phoenix Divorce Attorney today.