Discovery
| Discovery | |
| Statutes: | N.R.C.P. Rule 26 |
| Description | Discovery refer to all of the methods used to gather evidence |
| Takeaway | You should start discovery immediately upon starting a lawsuit |
Discovery refers to a broad range of documents and processes that are used to obtain evidence for court. The most common ones includes Subpoenas, Requests for Admissions, Interrogatories, Requests for Production, and Depositions. Generally, litigants are entitled to any evidence that is relevant and not unduly burdensome to collect. The scope of evidence spouses are entitled to and the volume of paperwork involved is often more than most spouses anticipate.
Subpoenas
Subpoenas (Form AOC-G-100) are used to request records or testimony from a third-party. A few examples would be getting bank records, hotel receipts, or phone records. Lawyers can send subpoenas directly as an "officer of the court", whereas pro se litigants need to get their subpoena signed by a clerk of court or judge.[1] Generally, a subpoena is served on the person or organization you are requesting records from by certified mail.[2] However, sometimes large companies that handle a volume of subpoenas will prefer to get them by a designated email address. A copy of the subpoena needs to be served on your spouse or their attorney if represented, but is not filed with the court. If you receive evidence in response to a subpoena, you must notify the opposing part and provide the records if they request them.
Requests for Admission
A Request for Admission asks the other spouse to admit or deny specific facts. The list will say "1. Admit that ...." and the spouse is required to respond with "Admitted" or "Denied" below. Requests for admissions are intended to narrow the number of facts in dispute by figuring out what your spouse admits to. In the alternate, if your spouse refuses to admit to an obvious fact, that can be used to criticize their credibility at trial. Requests for Admission are considered admitted if the spouse does not respond within 30 days. However, courts will often waive this requirement if they find the spouse's lack of response was due to "excusable neglect."
Interrogatories
Interrogatories is where you ask your spouse to answer questions in writing. The questions are numbered and the other spouse has 30 days to respond to them.
Requests for Production
Requests for production is where you ask your spouse to produce documents, records, or other evidence in their possession.
Depositions
Deposition is where your spouse is interviewed on the record in much the same format as a court hearing. A court reporter records the interview and creates a transcript that can be used in court.
Contact an Attorney
This wiki is provided by North Carolina divorce lawyer David King and his firm King @ Law. You can learn more about King @ Law at www.kinglawnc.com. If you are looking to hire an attorney, have questions, or would like to contribute to this wiki, you can contact attorney King using any of the following methods:
- Schedule a Consultation
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- Email: david@kinglawnc.com
- Voicemail: 919 706 5322
References
- ↑ Rule 45(a)(4). "The clerk of court in which the action is pending shall issue a subpoena, signed but otherwise blank, to a party requesting it, who shall complete it before service. Any judge of the superior court, judge of the district court, magistrate, or attorney, as officer of the court, may also issue and sign a subpoena."
- ↑ See Rule 45(b)(1) for more details