Contested Divorce and Family Law Discovery Methods

Georgia Contested Divorce and Family Law Discovery Methods

Contested divorce and family law cases almost always involve discovery; some of which is mandatory and some of which is optional on the part requesting it. While the discovery process can be very time consuming, helpful or even viewed as oppressive and unfair – it is also a part of the contested divorce and family law process that cannot be ignored.

Through discovery, you can be asked to provide (or ask the other party to provide) information through one of the following processes:

(1) depositions upon oral examinations of written questions;
(2) written interrogatories;
(3) production of documents or things or permission to enter upon land or other property for inspection and other purposes;
(4) requests for admission.

Scope: Non-privileged discovery relevant to the defenses or claims of any party may be obtained. Objection cannot be made that the evidence sought will be inadmissible at trial if the evidence appears to be reasonably calculated to lead to the discovery of admissible evidence, which can be presented in court.

Experts: According to Georgia Code, Section 9-11-26, a party may, through interrogatories, require any other party to identify each person with whom the other party expects to call as an expert witness at trial as well as to state the subject matter on which the expert is expected to testify.

Response Supplementation: A party is required to amend a previous response if he obtains information upon the basis of which (A) he knows that the response was incorrect when made, or (B) he knows that the response, though correct when made, is no longer true and the circumstances are such that a failure to amend the response is in substance a knowing concealment. (Georgia Code, Section 9-11-26)
If the statements made in the response to a request for discovery are complete and accurate, the party has no reason to supplement the response unless they can provide further information that is directly related to the identity and locations of persons relevant to the case or the expert testimony that will be called upon in the case.

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