How Does the Discovery Process Work and What is it For?
The discovery and disclosure process is the ongoing process in every case where each party can request information from the other party and provides each party with information, documentation, exhibits, witnesses, and an overall view of what the issues are in each case and how each party wants to resolve those issues. It can also help narrow down the issues for trial. This process is very important because both parties are required to provide documentation to the other party if they want to use it at trial and it can also be helpful if you want to try to settle your case without going to Court. This process is to be completed by both parties and it assists each party in deciding what their positions should be as to all issues in their case. You have 40 calendar days from the date of service to provide all responses to the other side.
What are Uniform Interrogatories?
These are documents sent out to the opposing party requesting personal information from them as part of the discovery and disclosure process used in every case. You are only required to answer questions that pertain to you and that you have personal knowledge. This document must be signed by the party responding and notarized. You are swearing that you have given true and accurate answers and have answered them to the best of your ability.
You will be asked to provide the following information about yourself:
- Retirement accounts
- Other deferred compensation accounts such as IRAs
- Medical Insurance coverage and costs
- Life insurance
- Bank accounts
- Business information for businesses in which you have an interest
- Criminal involvement and traffic violations
- Involvement in domestic violence and abuse or neglect of children
- Legal decision-making and proposed parenting time if you have children
- Professional Experts
What are Non-Uniform Interrogatories?
This document is not sent out in every case and the questions asked in Non-Uniform Interrogatories are not always the same. They are tailored to fit each individual case and the issues being addressed. These are most commonly used when one of the party’s is requesting spousal maintenance but can be used for other issues for which a party needs information that is not provided by the Uniform Interrogatories or other requests. This document is to be signed by the party providing the answers and must be notarized. You are swearing that you have provided all information to the best of your ability and it is true. You may be requested to provide documentation as you respond to these questions to support your answers. You must provide the documents that you have in your possession or that you can get from a third party.
It is VERY IMPORTANT that you answer all questions to the best of your ability and that you provide ALL documentation requested throughout the Uniform and Non-Uniform Interrogatories. It can be a lot of information; however, providing it at the time of the other party’s initial request will save you a significant amount of time and money in the long run.
Sign up for your free Access Legal account today!