Section 19.2 Purposes of Discovery

LibraryFamily Law Deskbook and 2014 Supp

B. (§19.2) Purposes of Discovery

Discovery typically plays a substantial part in domestic relations litigation. The primary uses of discovery are to:

· clarify and solidify the factual and legal issues;

· determine the strengths and weaknesses of the case;

· eliminate surprise;

· determine potential witnesses and information within the possession of the other party (e.g., investigative reports, tape recordings, notes, or photographs);

· determine the parties’ assets and liabilities;

· determine the character of assets and liabilities
(i.e., marital or nonmarital), their value, and their recommended disposition;

· determine the income history and employment background of the parties;

· determine what marital misconduct issues may exist and their factual basis;

· gain...

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