Discovery is the process through which parties of a legal procedure obtain evidence about each other. In Missouri, discovery can include written or oral depositions, requests for production of documents, requests for permission to enter a property for examination, interrogatories, requests for admission, and physical and mental exams. It is important to understand that the information sought in discovery must be relevant to the case. Discovery can also be used for items that may be relevant. The process can help you obtain items that the other party would not otherwise release such as payroll information or bank statements. There are certain items that are exempt from discovery, such as a juvenile’s criminal record. You also have the right to object to a discovery request or ask the court for an Order of Protection.
Many times the parties are able to obtain the evidence through requests made through their attorneys, however, sometimes the parties may need to submit a motion the court to compel the other party to comply with the request. It is important that the rules of civil procedure are followed when obtaining evidence, as improper collection can result in the evidence being inadmissible to the court.
The discovery process can provide you with information that is vital for preparing a successful strategy for your divorce. An experienced attorney can guide you through the discovery process and help you obtain the results that you want. At Hais, Hais, and Goldberger, our experienced attorneys will provide you with continuous support and answer any questions you have. Contact us today to schedule a consultation.