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SUMMARY: Failure to timely answer discovery or refusal to answer discovery has two important and potentially catastrophic consequences. You may waive your right to object to the discovery even if the other party has no right to the information requested. In other words, you may be forced to give it to them.
There are many ways to hide assets, from hidden bank accounts to overpaying the IRS or credit cards and pocketing the refund. People make up loans from family members they have to pay off, then get the money back after the divorce.
Written questions called interrogatories or requests for admission. Using these discovery tools, your spouse must answer questions in writing, or admit specific statements that you believe are true. Inspection demands. You can ask to inspect property like a safe deposit box or wine collection.
What is the discovery phase of a divorce? By definition, discovery is part of the pre-trial phase of a divorce in which each side obtains evidence and information from the other side.Discovery can include interrogatories, requests for production of documents, requests for admissions, depositions and subpoenas.
The plaintiff must respond by the deadline. There are different ways to make sure you get each kind of discovery if the plaintiff does not give it to you by the deadline. If the plaintiff does not respond to the court order, then you can file a Motion to Dismiss and you may win your case.
California written discovery generally consists of four methods: Request for Production of Documents, Form Interrogatories, Special Interrogatories, and Requests for Admissions.
Financial Disclosures and Discovery Process During a Divorce The financial disclosures are another set of forms to be filed with the court, often at the same time as the initial petition, but no later than 60 days after the petition.
That disclosure is accomplished through a methodical process called "discovery." Discovery takes three basic forms: written discovery, document production and depositions.