§22

• Jurisdiction: Washington

CHAPTER 22 DISCOVERY IN FAMILY LAW LITIGATION

Janet A. George^*

Elizabeth A. Hoffman^**

Summary

§ 22.01 INTRODUCTION

§ 22.02 WHY DISCOVERY IS IMPORTANT IN FAMILY LAW

[1] Organize a Discovery Plan
[2] Legal Economics
[3] Formal Versus Informal Discovery
[4] Legal and Ethical Obligations of Counsel

§ 22.03 GENERAL PRINCIPLES

[1] Relevancy
[2] Discovery of Lay Witnesses Spouse Intends to Call at Trial
[3] Discovery of Trial Experts
[4] Discovery of Consulting Experts
[5] Treating Health Care Professionals—Expert Witness Fee
[6] Discovery Relating to Health Care Professionals
[7] Electronic Discovery

[a] General
[b] Electronic Discovery and the Discovery Rules

[i] CR 26
[ii] CR 30
[iii] CR 31
[iv] CR 33
[v] CR 34

[c] Defense Against Electronic Discovery
[d] Electronic Evidence
[e] Ephemeral Messaging

[8] Conducting Discovery Out of State

[a] Interstate Discovery Practice
[b] Taking Depositions in a Foreign Country
[c] General Procedures for Serving U.S. Legal Documents and Obtaining Evidence in Canada

[i] Service of Process
[ii] Deposition of a Willing Witness

[9] Trial Preparation Material: Attorney Work Product
[10] Safeguards Against Discovery Abuse

[a] Protective Order
[b] Limitation of Discovery
[c] Spoliation
[d] Discovery Conference
[e] Certification by Attorney

[11] Sealing the File

[a] Compelling Circumstances
[b] Statutory Bases

[12] Conference of Counsel Required Prior to Enforcing Discovery
[13] Motion to Compel

§ 22.04 WRITTEN INTERROGATORIES TO SPOUSE

[1] Use and Scope
[2] Objections to Interrogatories
[3] Form
[4] Option to Produce Business Records
[5] Supplementation/Amendment of Responses

§ 22.05 REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS

[1] Use and Scope
[2] Form
[3] Documents and Things Subject to Production
[4] Obligations of Producing Party to Provide Documents and Things

§ 22.06 DEPOSITIONS

[1] Importance of Depositions
[2] When Depositions Upon Oral Examination May be Taken
[3] Before a Deposition
[4] Advising the Witness
[5] Attendance by Subpoena and Notice

[a] Nonparty Witness
[b] Party Witness
[c] Nonresident Party
[d] Nonresident Nonparty

[6] Subpoena Duces Tecum to Opposing Spouse
[7] Methods of Taking Depositions

[a] Depositions May be Videotaped
[b] Judicial Rulings May be Made by Telephone
[c] Certain Behavior is Prohibited at Depositions
[d] Questions at Depositions
[e] Objections at Depositions
[f] Instructions Not to Answer
[g] Responsiveness

[8] Objections at the Time of Examination
[9] Depositions

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