Types of Discovery and How to Object to Them

 Posted on November 22, 2017 in Divorce

When a party is unsure of important information regarding a spouse during a divorce, he or she may use the discovery process to compel the spouse to disclose the information. Discovery can allow someone to view documents, ask questions or even summon a person for testimony. The discovery process often becomes a conflict between the two sides’ attorneys to determine which information must be disclosed and which can remain private. Parties that object to a discovery request must show why the request should not be granted.

Types of Discovery

Spouses can conduct discovery to collect information on any matters related to the divorce. It is most commonly used to learn about valuable marital properties. However, it is also used to present evidence of a spouse’s character, which may be relevant in determining the allocation of parental responsibilities. There are four common forms of discovery that can be used on a spouse or a third party:

1. Written Interrogatories: The requesting party asks a specific question in writing.
2. Request for Production: The requesting party asks the respondent to produce specified documents or items for inspection.
3. Request for Admission of Facts: The requesting party asks the respondent to confirm or deny certain facts or the authenticity of documents.
4. Deposition: A person is summoned to court to answer questions under oath regarding the divorce.

Each form of discovery is better at obtaining a different type of evidence. Requests for Production are useful in collecting financial documents related to a spouse’s properties. A deposition may be needed in order for someone to testify that a spouse is unstable or abusive.

Objecting to Discovery

Most discovery requests have a deadline of 28 days to respond. Failure to comply may result in punitive action against the respondent. However, the respondent may reply by objecting to the request. Common reasons for objections are:

• The request is overly burdensome;
• The information is privileged;
• The information is irrelevant to the divorce;
• The question or request is too vague;
• The requesting party is attempting to harass the respondent; or
• The requesting party did not follow the proper filing procedure.

The court will consider the objection before deciding whether to grant the discovery request. If the requested information is deemed to be sensitive, the court can protect it from being disclosed to the public.

Using Discovery

Discovery requests must be submitted before the start of a divorce settlement trial. Failing to meet the deadline may prevent you from learning important information. A Kane County divorce attorney at Goostree Law Group can take care of filing discovery requests in a timely manner. To schedule a free consultation, call 630-584-4800.

Source:

http://www.illinoiscourts.gov/supremecourt/rules/Art_II/ArtII.htm#201