Understanding the Discovery Process

Hi, my name is Clint Hastings. I’m an attorney here in Tulsa, Oklahoma. I focus on Father’s Rights and you can find me here at Dads.Law. I want to try to answer some questions for you today that you may have heard other people talk about or you may already be in the process of in a case you are doing or have had in the past. And that’s called the process of discovery.

Now, discovery is available in every case of divorce, paternity, protective orders, or guardianship. And it is simply the process by which we gather information from the other side. That is, we don’t want to walk into a hearing or a final trial especially and not know basic information or basic positions that the other side is going to take. So, we don’t want to hear for the first time when we walk into a final trial that mom is accusing dad of being an alcoholic because even though it’s not true, we don’t have any real evidence to defend that with.

The Role of Sanctions

So, it’s important for both sides that it get done and if it isn’t done and a party chooses not to supply the requested information, a judge will compel them by subsequent orders to turn over that information. And if at that point someone still refuses to turn it over, the judge can order sanctions. Now, sanctions are a punishment for not complying with the discovery process and they can be heavy. Those sanctions can be as important as the judge restricting your ability to put on any evidence on your behalf. So, you’ll get to trial and not be able to submit your documents into evidence and may not even be allowed to testify.

Embracing the Process

At least testify on certain information that the other side requested that you did not provide. So, it’s very important and I’ll tell you guys, I’ve seen a lot of clients throughout the years who just absolutely hate turning over certain information, especially things like if you’re requested to turn over documents to a business you own or documents about a property that you don’t feel like is really part of the divorce.

Maybe you got it from your parents and took out loans before you were married and things of that nature. However, those are still discoverable by the other side through this process. So, I urge you to not fight the process but embrace it and what I do is try to help make that process as easy as possible.

Get Expert Assistance

We will coordinate with you. We will try to answer or help you answer or word your responses in an understandable manner and we just do everything we can to make that process easier for you. So, I hope that helps understand that process and what you would gain from it and why it’s important. And if you have any more questions, you can contact me here at Dads.Law.

For personalized legal assistance and guidance through the discovery process, contact Clint Hastings at Dads.Law for ainitial strategy session . Don’t navigate the legal complexities alone. Let us help you protect your rights and achieve a favorable outcome in your case.