What is discovery?

Discovery is the general name given to gathering information from the opposing party and third parties (such as banks, schools, etc.). Formal discovery consists of using different methods written into the Texas Rules of Civil Procedure to obtain information. Informal discovery consists of obtaining information in other ways, such as by agreement between the parties or by researching public information at courthouses or on the internet.

There are several different types of formal discovery: (1) requests for disclosures - where the opposing party must respond to a standard set of questions and provide some basic information about the case; (2) requests for production - where you request the opposing or third party to produce documents or other evidence, or allow someone to enter land for inspection; (3) interrogatories - where you ask written questions and receive written answers; (4) requests for admissions - where you send the opposing party statements that they must admit or deny; (5) oral depositions - where a party or witness is asked questions under oath before a court reporter in a fashion similar to court; (6) written deposition - where a party or witness answers written questions under oath before a court reporter (a frequently used method to obtain documents from third parties); and (7) request for mental health examinations - where you request that a party be examined by a psychiatrist or psychologist. Usually several different types are employed by attorneys to obtain the necessary information.

Discovery can be one of the more time-consuming and expensive tasks to complete in divorce litigation. To limit the cost, we utilize the less expensive informal discovery techniques as much as possible. For example, rather than issuing using written depositions to obtain school records, we may ask the client to obtain a copy from the school and bring it to our office.