What is Discovery?
What is Discovery?
Discovery is written questions and requests that are given to the other side in litigation, including divorce and paternity suits.
The questions, also call interrogatories (like interrogation), must be answered in writing and signed under oath like an affidavit that the answers are true and correct. The person answering also is required to provide additional information if or when additional information becomes available. If a person later realizes that an answer is wrong or not true, then the person must provide a written document, also signed under oath, stating that their answer for a certain question changed, and then provide the answer.
The requests can be a request that the other person admit certain facts that you think are true. For example:
REQUEST NO. 2: Admit that I contributed $20,000 from my 2021 personal injury settlement to remodel the house inherited from your father.
This is just a quick example a person might use to show that a spouse inherited property (most likely to be separate property) and that one party contibuted money towards remodeling the property (co-mingling of assets makes the asset marital and not separate).
Discovery, especially asking about common, routine matters within the case, can be beneficial by locking in the other side's answers to your questions. Then, later in the case such as at trial, if the person testifies in a way that contradicts the discovery answers, the contradiction can be pointed out which harms the other person's credibility with the judge.