Discovery and Improper Discovery
When lawyers use the word discovery, they are talking about what it sounds like. This is the stage of the case in which they ''discover evidence or information''. Discovery is where each party can request information, or force it to be produced through a subpoena. In a divorce, each party is required to disclose their finances due to their fiduciary duty to each other. This can be complicated, expensive or time-consuming. If you don't ask for the information you're looking for correctly, the other party may object. The same goes for not knowing what your side may object to if they word it incorrectly or ask for inappropriate information. That is why a lawyer can help prevent those risky situations that can be a turning point in your case.
What is discovery and who can do it?
Code of Civil Procedure §2017.010 states that if the court does not prevent it, either party has the right to request discovery as long as it relates to the matter.
Why should I pay someone to submit questions that I can write myself?
If you do not request discovery correctly, it can be discarded, that is, objected to and not used. If you don’t answer correctly, you risk failing to object to inappropriate questions and revealing more information than necessary. On a more serious note, you risk making an inappropriate discovery. This will be responding or requesting an incorrect discovery.
What happens if I make an inappropriate discovery?
Generally speaking, improper, inappropriate, late, or unresponsive discovery puts you at risk of being sanctioned (penalized) by the court.
The attorneys are sophisticated, knowledgeable, well trained, and work in the best interest of their client. It’s a gamble to do it yourself.
What is an improper discovery?
Improper discovery is a form of discovery that has no relevance to the case. In one example, you should not ask what color the sky is in a child custody case. The color of the sky does not play a role in the custody case. Code of Civil Procedure §2023.010 provides for some improper uses.