Essentially, a party must disclose to the other parties the information, documents and witnesses that support the party's claims and defenses. Discovery refers to the procedures by which each party learns about the information, documents and witnesses that the other party does not have to disclose.
Tier 1 – Actions claiming $50,000 or less in damages. Tier 2 – Actions claiming more than $50,000 and less than $300,000 in damages, or actions claiming non-monetary relief. Tier 3 – Actions claiming $300,000 or more in damages, or actions absent a damage claim.
Disclosure is accomplished through a methodical process called "discovery." Discovery takes three basic forms: written discovery, document production, and depositions.
A party must state in simple, short and plain terms any defenses to each claim asserted and must admit or deny the statements in the claim. A party without knowledge or information sufficient to form a belief about the truth of a statement must so state, and this has the effect of a denial.
In family litigation, Level One applies to “any suit for divorce not involving children in which a party pleads the value of the marital estate is more than zero but not more than $250,000.00.”
If you disagree with the motion you can file a Memorandum Opposing Motion. You have 14 days to file and serve your opposition.
Tier 1 cases involve asserted damages of $50,000 or less, Tier 2 cases involve $50,001-$300,000 in claimed damages, and Tier 3 cases involve claimed damages in excess of $300,000.