Family Law

What is discovery in an Oklahoma divorce?

By Dan Nunley

In litigation, “discovery” is the process by which each side learns about the other’s case. In divorce cases, discovery is most often focused upon information related to finances. Most of the divorce cases I am involved in are In Tulsa County where the local rules require each side to provide one another certain basic financial information. Additional financial information can be “discovered” through the use of “interrogatories” (questions that must be answered under oath), requests for production of documents, depositions (taking testimony under oath before a court report who transcribes all the questions and answers) and subpoenas issued to third parties to produce certain documents. The discovery process, including motions and in-court arguments over what is relevant and discoverable, can take considerable time and cost considerable money in attorney’s fees. And unfortunately, some spouses and their attorneys fight dirty by intentionally using discovery as a weapon to conduct an embarrassing inquiry into the opposing spouse’s finances, activities and associations.

Full post as published by Oklahoma Family Law Blog on January 23, 2009 (boomark / email).