§22.02 Why Discovery Is Important in Family Law

• Jurisdiction: Washington

§ 22.02 WHY DISCOVERY IS IMPORTANT IN FAMILY LAW

Discovery is an integral part of any family law case. You can expect to dispose of a majority of family law cases through settlement at some point during the discovery phase of litigation. Effective and thorough discovery is paramount both in preparation for trial and as a tool for disposition through settlement. Early discovery also allows you to aid the client in assessing the case. You can avoid expensive depositions if the same information can be obtained by simple interrogatories and by a subpoena duces tecum for records that can be served without the necessity of the formal deposition.

[1] Organize a Discovery Plan

Consider the issues in the case and the parties involved. Outline the types of discovery to be used, such as interrogatories, depositions, requests for medical examinations, and requests for admissions. Establish a timetable consistent with the anticipated trial date.

Practice Tip: Review the discovery tools with your client. It is helpful to provide your client with a set of form interrogatories and requests for production so that the client becomes acclimated to the discovery process and becomes aware of what will occur in the future. The client can also be helpful in drafting interrogatories and requests for production for his or her spouse. Educate the client to realize that the discovery tools used in his or her case can also be used by the opposing spouse. When you review discovery procedures with the client, advise the client to organize records and data in anticipation of discovery. Advise the client to begin gathering check registers, canceled checks, bank statements, tax returns, insurance policies, and other documents in an organized manner (e.g., individual files). Prepare a "Key Documents" checklist for the client similar to the one included as Appendix A, below.

[2] Legal Economics

The discovery method should be governed by the nature of the case and by legal economics. Balance the cost of the various methods of discovery with the issues involved. Avoid expensive depositions if the same information can be obtained by simple interrogatories and by a subpoena duces tecum for records that can be mailed without the necessity of the formal deposition.

Practice Tip: You must weigh the extent of discovery against the cost and the results to be achieved. For example, if a party has a number of bank accounts for which the money

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