Discovery is the fact-finding stage before trial, where the parties try to gather as much relevant information as possible from each other. There are four main methods of discovery in New Jersey: sending written interrogatories, demanding the production of documents, requests for admission, and taking depositions.
Written interrogatories are essentially questions that are sent to opposing parties. Document production requests can involve tax filings, bank and credit card statements, and any other records that are relevant to issues in the case. The documents can also be electronically stored. Requests for admission are aimed at narrowing the issues and establishing an agreed upon set of facts. Depositions may also be scheduled, depending on the issues involved and the financial resources of the parties. Taking depositions can add significant expenses, since it requires attorney preparation and examination, plus transcription services.
The discovery process is important for gauging the strength of the parties’ positions. For example, where a petitioner makes a serious allegation in the complaint, but cannot offer any proof to substantiate it.
Outside Experts
During the discovery process, consulting outside experts might be necessary. Frequently, this is the case for property valuations and appraisals. This is especially true of items like artwork and antiques, but also businesses and pensions. Child psychologists can also be consulted regarding custody and parenting matters. Accountants might be consulted to review financial records and calculate the parties’ monthly expenses, costs of living, and other issues.
Discovery Timelines
Discovery usually lasts around 2 to 4 months, but can be longer in complex cases. The scope of discovery depends on how many issues are in dispute. Generally, the more hostile your relationship is with your spouse, the longer it will take.
Once the complaint and responses have been filed, the process of discovery begins. To keep the process moving, there are deadlines for responding to discovery requests. In general, discovery must be completed within 120 days of service of the original complaint, and within 90 days if the matter is expedited. Ten days’ notice is required for taking depositions, and there are rules governing what topics are appropriate.
Non-Compliance
Failure to comply with discovery requests and court orders, or other bad faith conduct during the discovery process, is not taken lightly. If requests go unanswered or are refused by the other party without cause, you can file a motion to compel discovery with the court. Continued refusal can result in discovery sanctions against the non-compliant party. Depending on the case, sanctions can preclude the party from introducing evidence on certain matters, order that certain facts are deemed admitted, or result in default judgement or dismissal. Excessive discovery requests and frivolous motion filing are examples of bad faith conduct that can leave a party on the hook for the other side’s attorney’s fees.
Get the Divorce Guidance You Need in New Jersey
For guidance on the discovery process and any other issues related to divorce, speak with an experienced New Brunswick family law attorney at the Law Office of Steven M. Cytryn, LLC. Call us at (732) 214-1103 or contact us online today.
