Georgia’s Discovery Process in Divorce Cases
During a civil case, one of the party’s attorneys may suggest using one of the discovery procedures to obtain information from the opposing side. Discovery is especially useful in highly contested divorce cases because the opposing party will be required by law to disclose information to their spouse’s attorney. According to O.C.G.A. § 9-11-26(c), there are four types of discovery. Three of the discovery methods are written while the remaining one is done in person. The three written types of discovery are:
- Interrogatories (see O.C.G.A. § 9-11-33): Interrogatories are questions that one spouse may ask to the other spouse requesting certain information. Most interrogatories request such things as names and addresses of certain witnesses vital to the case, employment history, and the names and addresses of anyone with whom the opposing spouse may have had sexual relations during the parties’ marriage. According to O.C.G.A. § 9-11-33(a)(1), each side is limited to only fifty interrogatories, including any subparts. Each of the parties’ attorneys can ask all fifty interrogatories at one time or he or she can split them up and ask them at different points throughout the discovery process.
- Requests for Production of Documents (see O.C.G.A. § 9-11-34): Typically, when an attorney decides to send the opposing party a set of Interrogatories, he usually sends Requests for Production of Documents along with them. When an attorney would like to see a specific document, such as the spouse’s paystub, the parties’ tax return, bank statements, or cell phone records, he or she will ask the opposing attorney to give them a copy of these documents in the Request for Production of Documents. The reason that the Requests for Production of Documents are sent in conjunction with the Interrogatories is because the attorney may ask for copies of documents that he or she previously asked about in the Interrogatories. The attorney, however, is not required to do so. Unlike Interrogatories, there is no set limit on the number of Requests for Production of Documents the attorney may ask.
- Requests for Admissions (see O.C.G.A. §9-11-36): Out of the four types of discovery, attorneys send Requests for Admissions the least. Requests for Admissions are basically statements that one party may ask to another party and he or she must admit or deny the statements under oath. An attorney may send Requests for Admissions to the other side if he or she wants the truth from the other side, such as if one party had sexual relations with someone other than his or her spouse during the marriage. Like Requests for Production of Documents, there is no limit on the number of Requests for Admissions that you can send to the opposing side during the discovery process.
A deposition is the only type of discovery that is not written. It is usually done in person with both parties being in the same room with their attorneys. During the deposition, there will be a court reporter, whose sole responsibility is to type everything that is said during the deposition. Once the deposition is finished, he or she will print the transcript and file it with the court. During the deposition, the attorney will ask question to the other party to which his or her client wants the answer. Since the other party is under oath, he or she is required to tell the truth. In addition, if there is another person important to the case, one of the attorneys can also depose him or her. It is not uncommon for one of the attorneys to ask for the deposition of the other spouse’s alleged boyfriend or girlfriend.
There is a limit on the amount of time that discovery process lasts. According to Uniform Superior Court Rule 5.1, the discovery process lasts six months from the date on which the opposing side’s Answer is filed with the court. This six month time can be shortened or lengthened at the judge’s discretion.
While potentially very useful to a case, it must be remembered that discovery is usually very costly. Not only does it take money for the attorney or his or her staff to draft discovery, but they also must respond to any discovery requests that the opposing attorney may send. A deposition is the most costly of the four choices because not only must the attorney prepare the questions beforehand, but he or she will charge for the time that he or she is at the deposition. The party must also pay for the court reporter’s time and, in most cases, they will also need a copy of the transcript. Depending on the size of the transcript, this can be a significant additional expense.
