What Is Discovery In A Texas Family Law Case?
If you are involved in litigating a family law case, you may hear your Texas family lawyer talk about sending discovery or answering discovery. Discovery is a very important process that helps gather information for a family law case.
Texas family law attorneys can send several different types of written discovery to the other party in the case:
Requests for Disclosure: This is a request for basic information from the other party. These topics are set by Texas Rule of Civil Procedure 194.2 and covers things such as the names of the parties, the basic claims and defenses, lists of persons with knowledge of relevant facts, and any experts.
Requests for Production: This type of discovery is simply a request that the other party produce documents. This is typically how family lawyers get information about income, assets, bank account information, and communications between the parties.
Interrogatories: These are basically questions that you are requesting the other party to answer. The answers to interrogatories must include a verification which states that the answers are true and correct. The Texas Rules of Civil Procedure limit the number of interrogatories each party can send to just 25.
If you send written discovery to the other party, they will have 30 days to respond to the discovery requests. And if you receive written discovery, you will have only 30 days to respond. Responses are mandatory and failure to respond can result in sanctions, fines, or worse.
There are other types of discovery that can be used by a Texas family lawyer such as depositions, subpoenas, or depositions on written questions. Discovery allows the parties to verify the accuracy of statements and make a fair and true accounting of the assets and liabilities.