In Divorce cases, the follow question is common:
“I know that my ex has an extra-marital friend they will not tell me about. How can I find out?”
Not every case goes to trial. However, when they do, “parties may discover any matter, not privileged, which is relevant to the claim or defense of any party if the discovery satisfies the standards of proportionality.”

This process is called discovery. Discovery can have several methods, including:
1. Depositions, oral examination, or written questions;
2. Written interrogatories (a.k.a. questions);
3. Production of documents or permission to enter upon land or other property, for inspection and other purposes;
4. Physical and mental examinations;
5. Requests for admission; and
6. Subpoenas other than for a court hearing or trial.

The process begins with something called initial disclosures. These include:
1. The names of individuals who have “discoverable” information,
2. Any fact witness,
3. Copies of documents that the party may offer in its case-in-chief,
4. Computation of damages,
5. Any agreements, and
6. Copies of all documents referred to in its pleadings (also known as Exhibits).

The above list of documents shall be given to the other party within a limited amount of time. Usually, this must be done by the moving party within 14 days of filing the first answer to the complaint, and by the non moving party within 42 days after filing of the first answer to the complaint.

After each attorney reviews these documents, they may request any missing documents and/or relevant documents that they did not receive. Each attorney may ask for interrogatories. Interrogatories allow for each party to ask the other party specific questions. They may also take depositions of witnesses or inspect property. Requests vary depending on the case and the situation of the parties.

Discovery is particularly important to Judges, because proper judgments can only be made when each party has correct information. Although discovery can be burdensome, time consuming, and invasive, being truthful and forthcoming is essential to the process. The penalties can be severe for those who do not comply with discovery. Sanctions may include: not being able to use undisclosed witness, documents, or other material.

If everyone complies during discovery, it is more likely that decisions about assets, child support, and other finances will be made with ease.