Discovery

The entire efforts of one party to a lawsuit and his or her attorneys to obtain information before trial. This can be done through demands for production of documents, depositions of parties and potential witnesses (questions usually asked and answered in person and recorded), written interrogatories (questions and answers written under oath), written requests for admissions of fact, and the petitions and motions employed to enforce discovery rights. The theory of broad rights of discovery is that all parties will go to trial with as much knowledge as possible and that neither party should be able to keep secrets from the other (except for constitutional protection against self-incrimination). Much of the fight between the two sides in a litigated divorce takes place during discovery. This can become extensive, time consuming and costly.

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