What Is Discovery In a Family Law Case in Oklahoma, And Do I Need It?

Discovery in a family law case in Oklahoma is an important element of litigation. Discovery consists of collecting evidence and data to support a case after it has been filed with the family law court or some other administrative body. In terms of family law, discovery may be critical to the outcome of a case when parties don’t agree on how to resolve an issue. For example, in divorce and child custody scenarios, discovery can help to ensure that an individual receives the assets and distributions to which they are entitled under Oklahoma family law. Its also absolutely critical to discovering the best interest of your child in a custody matter. This article will discuss what discovery is, how it is performed, and why It is often critical to the outcome of a particular matter.

What Exactly Is Discovery in a Family Law Case?

Discovery is the process of gathering information or evidence in furtherance of a contentious legal matter. In many cases, discovery is ordered by and overseen by the court. In any given case, both sides will likely engage in discovery. This process usually consists of asking the “other side” and, sometimes, third parties for information that will help to clarify the strengths and weaknesses of each side’s case. A few of the most common discovery techniques are detailed below.

Purpose of Interrogatories

Interrogatories are written questions from one party to another. The receiving party must respond to these requests for information, or they could face negative consequences. Interrogatory questions attempt to identify the necessary information and determine what other evidence should be considered as part of either side’s case. Depending on the nature of a specific question, a party may be able to successfully object to answering the question. However, they can only refuse to answer that question if the court rules in their favor. In the event that they object to the discovery question the lawyer in the case can ask the court to require the opposing party to answer.

Depositions and How They Work

Depositions involve testimony made under oath outside a courtroom or formal court proceeding. Attorneys generally pose questions to a witness, and that testimony is recorded (via audio, video, or transcript) for reference during trial. The attorney on the other side of your divorce or custody case will try to elicit testimony from you that is contrary to your interest in the case. They will also search for inconsistent answers and use them to impeach credibility at trial or hash out what they consider as the best evidence supporting their custody claims. If the attorneys call other non-parties as witnesses the witnesses may hire a lawyer to better ensure their rights and interests are protected during their deposition.  

Requests For Admissions

Requests for admissions (RFAs) are similar to interrogatories; however, admissions requests are more straightforward. An admission is a statement confirming or denying something, whereas questions asked in interrogatories can be open-ended. This discovery tool allows both sides to reduce the number of evidentiary issues in the case by having the responding party address the issue directly so that both parties may focus on other matters that require court intervention. The attorney answering the admission can once again object and if need be set it for a discovery hearing. If a party fails to answer a request fo admission the failure to answer will be seen as an admission for the purpose of trial.

Motion To Compel

Sometimes, a party may not comply with statutory discovery requests, which affects the integrity of the discovery process. A motion to compel is a request to have the court order the non-complying party to cooperate with discovery. If a party violates a court order, they may be subjected to court-ordered sanctions.

Why Discovery Is Important In Family Law Cases

Depending on the type of family law case you’re navigating, discovery may provide you with the information you’ll need to achieve your legal objectives. For example, in a divorce, all assets and property must be identified so the court can assess each party’s situation and divide the property and assets according to the law. In particular if you are involved in a high asset divorce the process is important to you. Engaging in discovery can help to ensure that you receive a fairly valued divorce settlement, even if your spouse has been hiding assets or is devaluing them to “win” more of your joint property in the divorce.

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Tulsa Family Law Attorneys In Your Corner

Although discovery is a part of every civil litigation case in Oklahoma family law cases can really fire up the discovery process. For instance depositions in family law cases can be very contentious with the parties in the same room answering what could be considered rough and embarrassing questions. If you find yourself in a family law case get a Tulsa family and and custody attorney in your corner. Our Oklahoma attorneys have over 75 years of combined experience to put to work for you. Call and get a free and confidential consultation at 918.743.2233 or click here to ask a legal question.