If you are going through a divorce or another case involving family law, you may be asking yourself, “What are the rules for discovery in California family law?”
Discovery is the process that allows one party to request evidence and other information from the other party. The exchange of information during a family court case is critical to ensuring that the rights of both parties are protected and that litigants are afforded accurate and timely information.
Understanding the Basics of Discovery in Family Court
Discovery guidelines and rules may seem complicated, but the concepts behind discovery are simple and straightforward. Parties to any litigation, whether civil or criminal, often require access to relevant information so their attorneys can prepare for important hearings and trials without being blindsided by information they did not have access to.
The rules governing discovery during a divorce or other family law case are intended to ensure fairness throughout any court case. Discovery is categorized as informal or formal. Informal discovery relies on the exchange of copies of documents and information.
One example of informal discovery would be when your attorney contacts opposing counsel to request information. Attorneys routinely exchange information upon request. Informal discovery generally does not cost the clients much money. There are limits to what informal discovery can ask for, however, and they are not enforceable.
Formal discovery requests are enforceable. Huntington Beach family law attorneys can seek sanctions against the other party if they fail to produce the requested information in a timely manner. The remedy for holding the other party accountable for failing to provide formal discovery requests is known as sanctions, which could include monetary fines, orders compelling compliance with the discovery request, or even dismissal of claims or defenses in extreme cases.
What Can I Request During Discovery?
After filing for divorce or initiating another family law case, your lawyer will need to gather information and evidence about your case. This typically happens in the months leading to an important hearing or trial.
Discovery can help your lawyer learn what your spouse will say about an issue. It can also identify supporting facts and witnesses. Discovery requests can be used to obtain documents only your spouse has that reveal assets and debts.
Through formal requests, your attorney may rely on these forms of discovery to prepare for an upcoming court date.
- Interrogatories: Written questions one party sends to the other, requiring written answers under oath.
- Requests for Admission: Statements one party asks the other to admit or deny in writing.
- Requests for Production of Documents: Demands for the other party to provide specific tangible items or documents relevant to the case.
- Subpoenas: Legal orders requiring a person to testify or produce documents or other evidence at a deposition or court hearing.
- Depositions: Oral questioning of a party or witness under oath that is recorded for later use in court.
Although discovery may be used to escalate litigation in some situations, it can often help resolve misunderstandings or lay the groundwork for conflict resolution. Transparency in court dealings serves the interests of justice and provides an even playing field for both parties to pursue their goals and find areas of consensus.
What Are the Rules for Discovery in California?
There are strict guidelines for how to send and respond to formal discovery requests. The requests must be sent via mail. Formal discovery requests can be made to parties who have information relevant to the case. For example, you may send a discovery request to your spouse’s employer. They also must respond.
If your spouse fails to respond within the time limit, a judge may order your spouse to respond. Requests should be sent within enough time before the trial to provide adequate time for the respondent to reply.
FAQs
Q: What Is the Cut Off for Discovery in California Family Law?
A: The cut-off for discovery in California is 30 days before the trial date. Up until this deadline, you can ask for documents and evidence that are relevant to your family law case. Missing this deadline will likely lead to an objection by opposing counsel. Attorneys are well-versed in these and other important deadlines.
Q: What Are the New Discovery Rules in California 2024?
A: The Civil Discovery Act mandates parties in civil actions to provide initial disclosures within 60 days of demand or stipulation. Disclosures must include persons and records relevant to the case, and details on insurance policies.
Parties can issue supplemental demands, and disclosures must be verified by declaration or counsel’s signature. The bill increases sanctions to $1,000 for failing to respond to document requests or engage in good faith meet-and-confer efforts.
Q: What Is the 45-Day Rule for Discovery in California?
A: The 45-day rule for discovery refers to the deadline parties have to respond to discovery requests. The goal of the rule is to facilitate the timely exchange of information so both parties have access to important evidence. Failure to respond to these and other discovery rules can result in sanctions.
Q: What Does Not Qualify for Discovery in a Family Law Case?
A: Certain categories may not qualify for discovery in California. For example, privileged communications protected by attorney-client privilege or other legal privileges cannot be requested through discovery.
Requests deemed irrelevant to the issues at hand and confidential information often do not qualify for discovery. If opposing counsel makes an unlawful request, your attorney can object to the request by citing relevant legal provisions.
Schedule Your Family Law Consultation Today
If you are going through a divorce, adoption, or child custody case in California, discovery provides important information and evidence that can strengthen your case and help you resolve your family law case favorably. California’s discovery rules can be complicated, which is why many people rely on the services of an experienced family law attorney to make these requests on their behalf.
If you have questions about what you can and cannot request, the lawyers with the Law Offices of Lisa R. McCall, APC, will gladly answer your questions. We have years of experience making formal and informal discovery requests. To schedule your family law consultation, contact our office today.
