Sherea Vitelli’s Legal Blog

What is discovery?  Discovery is the process in which attorneys obtain information from the other side to determine their case.  It is used in divorce cases to learn about the assets and liabilities.  It is also used to find out who the parties intend to call for witnesses, or experts.  Usually it is sent out before temporary orders and sometimes after.  Generally, I will send the client all the discovery and ask my client to return the materials to me within about 2 ½ weeks.  This gives me and the client ample time to respond and go over any questions the client have may.

It is necessary to respond?  Yes, it is necessary to respond because failure to respond means failure or inability to present any evidence at trial.  This goes for both sides.  Unless my client has a compelling reason for not complying with court rules, all discovery must be answered. 

What happens if I refuse to answer discovery?  Potentially you can be sanctioned, or fined monetarily, by the judge.  You can be forced to answer by the court then ordered to pay the other sides attorney fees for such request.  Or your pleadings can be struck from the case.  Generally the court will give you a deadline for which you must respond and then fine you.

All in all it is best to follow the advice of your attorney and answer the discovery as quickly as possible.  If you have nothing to hide, the discovery is not an issue.  Here at Garg & Associates, our clients are well informed when it comes to discovery.  Generally I have my client obtain the documents and then come into the office to go over the documents and answer all questions.  Contact me Sherea Vitelli and let me help you in your family law matter.