As a client of our firm, you’re likely familiar with the legal processes involved in your family law case. Two terms you’ll encounter often are disclosure and discovery. While both involve gathering and sharing information, they serve distinct purposes. Let’s break down the difference and explore whether discovery is right for your case.
What is Disclosure?
Disclosure is the first step in your case and happens early on. It is a mandatory process in which both parties automatically exchange certain key information. In Arizona, under Rule 49 of the Arizona Rules of Family Law Procedure, this includes documents like:
- Financial records such as bank statements and retirement account balances
- Property deeds and titles
- Information about child support and spousal maintenance
- Relevant communications, including emails or text messages
- A list of potential witnesses
The goal of disclosure is to make sure both parties have a baseline understanding of the facts. It promotes fairness and transparency while also encouraging settlement discussions early on.
What is Discovery?
While disclosure is mandatory, discovery is an optional tool that allows us to dig deeper into the details of your case. Discovery helps us obtain additional information beyond what was provided in disclosures and can be particularly valuable if the other side isn’t forthcoming with important details. There are several types of discovery tools we can use:
- Request for Production of Documents We can ask the other side to provide specific documents, such as detailed financial records, medical reports, or other relevant data not included in their initial disclosures.
- Interrogatories These are written questions that must be answered under oath. They allow us to gather information or clarify details about things like assets, income, or other key elements in your case.
- Depositions A deposition is a formal process where we ask the other party or a witness questions under oath. A court reporter records the testimony, which can later be used at trial. Depositions are particularly valuable because they allow us to gather questions.
- Subpoenas We can issue subpoenas to third parties, such as banks or employers, to obtain records or require individuals to testify or provide documentation.
- Requests for Admissions These are statements that we ask the opposing party to either admit or deny. For example, we might ask them to confirm whether a particular asset is community property or whether a specific debt was paid using joint funds.
Should You Consider Discovery?
Many clients choose to forgo the cost of traditional discovery, especially if the case seems straightforward or if the other side is cooperative. Skipping discovery can save money on legal fees, but it may also mean missing out on crucial information that could impact the outcome of your case.
Discovery, particularly depositions, often allows us to uncover facts or inconsistencies in the other party’s story that may not come to light through documents alone. This information can be invaluable in settlement negotiations and trial preparation. For example, a deposition may reveal hidden financial details, expose contradictions in testimony, or provide insight into the other party’s approach to parenting.
We strongly encourage you to discuss the potential benefits of discovery with your attorney. While it does involve additional costs, it may also be the key to securing a more favorable outcome in your case. In certain situations, the information we obtain through discovery could make a significant difference in how your case is resolved.
Ultimately, the decision to pursue discovery will depend on the complexity of your case and your goals. We are here to guide you through these decisions and ensure that you have all the information needed to make the best choices for your situation.
If you have questions about whether discovery makes sense for your case, please reach out to us. We’re happy to walk you through the process and discuss the best approach to meet your needs.
