Fair Trial

SUMMARY: Failure to timely answer discovery or refusal to answer discovery has two important and potentially catastrophic consequences. You may waive your right to object to the discovery even if the other party has no right to the information requested. In other words, you may be forced to give it to them.

The purpose of discovery is to allow the parties to obtain full knowledge of the issues and facts of the lawsuit before going to trial. An experienced family law attorney will use discovery to help you identify the various strengths and weaknesses of each side of the case.

Discovery enables the parties to know before the trial begins what evidence may be presented. It's designed to prevent "trial by ambush," where one side doesn't learn of the other side's evidence or witnesses until the trial, when there's no time to obtain answering evidence.

The objective of discovery (by electronic means or through paper) is to uncover facts. These facts serve as the foundation for the development of a trial strategy (or perhaps a motion for summary judgment).

The plaintiff must respond by the deadline. There are different ways to make sure you get each kind of discovery if the plaintiff does not give it to you by the deadline. If the plaintiff does not respond to the court order, then you can file a Motion to Dismiss and you may win your case.

With certain exceptions, within thirty days after the defendant files an answer, the parties must meet in person to plan for discovery and discuss the possibility of settling the case.

1. The ultimate purpose of discovery is to seek the truth, so that disputes may be decided by what the facts reveal, not by what facts are concealed. In re Colonial Pipeline Co., 968 S.W.

This is the formal process of exchanging information between the parties about the witnesses and evidence they'll present at trial. Discovery enables the parties to know before the trial begins what evidence may be presented.

That disclosure is accomplished through a methodical process called "discovery." Discovery takes three basic forms: written discovery, document production and depositions.