Discovery FAQ's

1. How can we find out what information my spouse may have regarding this divorce?

Under the Alabama Rules of Civil Procedure, you may conduct various methods of "discovery," such as sending interrogatories or requests for production of documents, or taking your spouse's or witnesses' depositions. Records may also be subpoenaed from witnesses if necessary.

2. What do these "discovery" terms mean?

Interrogatories are written questions that are served upon a party and must be answered in writing and under oath.

Requests for production of documents are written requests that a party turn over certain documents, items or other physical evidence that are in his or her possession for inspection and copying by the other attorney. Again, these requests are under oath and must be responded to as completely as possible.

A deposition is an opportunity to ask a party or a witness questions under oath. A deposition normally takes place in one of the attorneys' offices. The questions are asked in the presence of a Court Reporter, who administers an oath to the party or witness being questioned (the deponent). The lawyer then asks the deponent questions that may be used for preparation for trial or as evidence at trial.

3. Will the judge read or see any of this discovery?

Typically not. In certain circumstances, discovery responses may be used to impeach a witness at trial, or in lieu of live testimony if the witness is not able to be present at the trial. Only under those circumstances will the judge read a deposition or discovery response.

4. Will I have to answer discovery requests or give a deposition?

If your spouse's attorney seeks the discovery in compliance with the Alabama Rules of Civil Procedure and the questions being asked are not subject to an objection, then you may have to answer the discovery requests or be deposed as well.

5. Why would a lawyer want to take a deposition in addition to these other discovery methods?

A lawyer may want to take a deposition for several reasons:

• The lawyer may want to find out what facts the witness knows regarding the issues in the lawsuit.
• The lawyer may want to pin the witness down to a specific story so that witness will have to tell the same story at trial.
• The lawyer may hope to catch a witness in any type of misstatement so they can show at trial that the witness is not truthful, or that the witness may exaggerate and therefore that witness' testimony should not be allowed.
• The lawyer may want to look at the witness, observe his or her manner in answering questions and form an opinion of the type of witness that person will be in court. The lawyer is really trying to determine the probable effects the witness' testimony will have on the Judge. Lawyers may be discouraged when opposing witnesses are confident, informed, solid and apparently unshakable.