Family Matters

5 Tips for Answering Your First Discovery Request

Discovery is part of the legal process where the parties share relevant information about the case. The exchange of information during the discovery period is relatively broad and includes evidence such as pay stubs, tax returns, bank statements, credit card statements, retirement statements and various other types of personal facts and documents. Discovery is an essential part of any divorce action as it ensures the open exchange of information so that marital assets and debts can be allocated accordingly.

Discovery comes in multiple forms. Discovery can include written interrogatories, requests for the production of documents, requests for admissions, and in-person or virtual depositions. Interrogatories are questions that require a written response, requests for the production of documents are requests for specific documents, requests for admission are closed-ended questions that often ask for a response in the negative or affirmative (simple admitted or denied responses), and depositions are formal interviews arranged by the other party.

Receiving your first discovery request can certainly be daunting. Not only can discovery requests include demands for various forms of information, but they can require the production of documentation spanning numerous years. In Pennsylvania, you have 30 days from the date the discovery request is served to answer all of the questions and provide the requested documents.

Below are five helpful tips to follow that will help you meet your discovery deadline.

1. 30 days will fly by quickly.

Responding to a discovery request can be time consuming, so it is best to start gathering the information as soon as possible. Requests for the production documents often ask for statements from multiple years prior. The older the statement is, the more difficult it may be to access. In some cases, you may have to make a formal request to the institution to have documents pulled from archived records. If you wait too long, you may not get the documents in time.

2. Stay organized.

When having to produce anywhere from dozens to hundreds of documents it is easy to accidentally forget to include something. Therefore, it is best to stay as organized as possible. Tips for staying organized would include using separate subfolders for each question, naming the documents to match the question you are answering, and keeping the documents you have gathered in chronological order. In addition, including identifying information such as the number of the question you are answering, the name of the institution, the last four digits of the account number, and the date range in the file name will help you stay organized. Using this labeling tactic will also make it much easier for your attorney when they are reviewing what you provided later in the process.

3. When in doubt, give more not less.

It is always better to overproduce than to not produce enough. Falling to hand over information can be viewed as an attempt to hide assets or a refusal to comply with the legal process. Therefore, if you are unsure, give the information to your attorney and let them decide if it is something that should be handed over to the other party. If the other party is asking for information that is not appropriate, your attorney will withhold the information, and instead include an objection in the written response.

4. Turn your information in on time.

Your attorney has an obligation to review your written responses as well as the documents you gathered to make sure that nothing you provided is privileged, and the information you handed over complies with the request. It can take a significant amount of time to review and organize everything you have gathered and turn it into a formal discovery response, so it is important that you meet your attorney’s deadlines. If your attorney believes more information is necessary, turning in your responses timely also gives you time to gather additional documents and/or elaborate on responses without having to rush at the last minute.

5. Remember you are not alone.

If you have questions, ask your attorney. Discovery is an overwhelming process, and the questions in a discovery request can often be confusing. It is better to send your attorney a list of questions than to spend time gathering information that is not actually applicable to the request.

Noncompliance with discovery can result in sanctions and other legal repercussions. The failure to timely provide responses can also result in a significant delay of the divorce process. Following the tips above will help you stay on track, and as a bonus, help save you money on legal fees.

If you are feeling overwhelmed because you have recently been served a discovery request, please contact a member of our team to see if they can help you through the complicated process.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.