The discovery process is one of the most significant elements to family law litigation. The nature of legal practice is to present convincing evidence that the statements presented are true. It’s one of the numerous procedures for acquiring proof during a divorce case. It aids in determining the accuracy and value of the property owned by both spouses.
The Request for Documents
Even though the laws, regulations, and procedures differ in each state, a request for production of documents is generally made in written form. The document needs to be served on the spouse or his/her attorney, stating the time limit for presenting the requested documents. It is generally between thirty (30) to ninety (90) days, depending on the applicable state laws. The request for production should set forth the credentials and documents to be presented.
The Purpose of a Request for Production
Generally, a request for production of documents pertains to monetary matters, such as banking information, credit cards, and investment statements, payment records, tax proceeds, and asset documentation. When custody matters are in dispute, the party may request school paperwork, proof of graduation, marriage, enrollment, photographs, recordings, etc. Medical or criminal records may be requested when the fitness of the spouse as a parent is in question.
How to Respond to the Production Request
Once the document is served, the party is under a legal responsibility to answer it. Generally, the responding party must either provide the requested document or obtain the court’s permission to reject the request. Abstaining from doing either of these acts could result in negative consequences. The demanding party can file a motion to compel, asking the court to order the other party to reply to the discovery requests.
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