Many Minnesota couples in the midst of a divorce understandably question the time and expense associated with the discovery process.
Most assume they understand the other spouse’s assets and liabilities, after all, you watched them buy the stuff in the first place, right? While this is often the case, there are too many instances where hidden accounts or undisclosed income are only uncovered during a thorough financial discovery process. The discovery process exists to gather vital information, because in a divorce case what you don’t know can absolutely hurt you.
What is discovery?
Discovery is the name for the legal process by which information is gathered from the opposing party in a lawsuit. It’s important to collect as much information as possible early on in any legal case, something that helps minimize costs down the road and also allows attorneys to narrow the focus of the case to only those issues that are truly in controversy.
Discovery includes numerous tools for collecting information: Interrogatories, Requests for Production of Documents, depositions (both written and oral), physical and mental examinations, Requests for Admission, and others. The most important, and most common discovery methods employed during Minnesota family law cases are Interrogatories, Requests for Production of Documents, Requests for Admissions and Depositions.
Interrogatories
A very common tool in many Minnesota divorce cases is interrogatories, basically questions posed to the other party. In Minnesota, one spouse is allowed to send written questions to the opposing party, who is then required to answer the interrogatories under oath, something that is intended to ensure that the information provided will be truthful. If the party who receives the interrogatories refuses to answer, or refuses to answer truthfully, the family law judge is allowed to impose sanctions. Rule 33 of Minnesota’s Civil Procedure says that each party is limited to sending a total of 50 interrogatories unless a court specifically says you can send more.
Requests for Production of Documents
Requests for Production of Documents are fairly straightforward in that they are exactly what they sound like. An attorney makes a request that the other party in the divorce provide copies of specific documents that are in that person’s possession. If the party refuses to release requested documents, the court can slap that person with sanctions. Though sanctions are possible for willful refusal to provide documents, no one can be held responsible for providing documents that he or she does not actually have access to.
Requests for Admission
Requests for Admission (contained in Rule 36 of Minnesota’s Civil Procedure) are statements presented to the other party asking that he or she admit or deny the truth of certain facts. Admissions can be very important tools that help attorneys quickly whittle down a case to only those issues that are really in contention. One important feature of Requests for Admission is that if the party who was served the requests does not reply in a timely manner, the request will be deemed admitted.
Depositions
Depositions are another popular tool for discovery, especially in contentious divorce cases. During a deposition a person is sworn in and will then be asked questions by the opposing party’s attorney. Anything said during a deposition can be used in court, which makes preparation before a deposition critical. While depositions are great tools for getting one party on record, they can become quite costly.
An experienced Minnesota family law attorney can help walk you through the difficult process of divorce, including offering advice on confusing financial issues and helping negotiate a child custody arrangement. For more information on divorce in Minnesota, along with a variety of other topics, contact Joseph M. Flanders of Flanders Law Firm at (612) 424-0398.
Source: ““Discovery” Process in a Civil Action,” published at MNCourts.gov.
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Explaining Child Custody Arrangements In A Minnesota Divorce
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Can you please advise on the real statute of limitations (time limits) for hidden assets in a divorce proceeding…. I was told I would “get it when he gets it”…(His/our company large stock ownership) which his President and Board of Directors themselves hid from me through a manipulation in a contract the week of signing papers (under high duress because he “quit” his job abruptly and moved out of state to marry a wealthy woman, and then back to the state (our state now, MN) where the company is headquartered. I have had extreme duress during this whole thing, with false allegations (“harassment” and “being crazy”), and children suffer. Please advise on the statutes of limitations and if an atty is willing to do a deposition and/or discovery with his company, and what that would cost (hope for contingency). Thank you.