The Tools of Discovery in Divorce and Child Custody Litigation

By Amar S. Weisman, Esquire

“Discovery” is a phase of the litigation for harvesting evidence from opposing parties. The tools of discovery available under the Maryland Rules, described in further detail below, also enable your Maryland family law lawyer to anticipate what will be presented against you in Maryland Circuit Court.

When creating a discovery plan for your Maryland divorce and/or child custody matter, do understand that discovery is a two-way street—your adversary can obtain “discoverable” information from you, and vice-versa. Also appreciate that each Maryland divorce/child custody case is different and requires its own discovery plan.

Depositions

Maryland lawyers question opposing parties during depositions—live, in-person, and under-Oath. Depositions customarily occur at the questioning attorney’s office, in the presence of both family lawyers, the parties, and a licensed Maryland Court Reporter, whose job is to transcribe everything and deliver transcripts to the attorneys at a later date. Depending on how helpful the transcript is, either domestic relations attorney may wish to introduce portions of the transcript into evidence (subject to the Maryland Rules of Evidence).

Depositions in Maryland family law cases provide an opportunity to ask (and answer) questions concerning the acquisition and disposition of marital property (including business interests), adultery, the quality of child care provided (or capable of being provided), child care, child support, physical health, mental health, and whatever else is relevant to each Maryland domestic relations matter.

Interrogatories

Interrogatories are questions—usually about thirty questions to be answered within thirty days once they have been properly propounded upon the opposing party. The Circuit Courts of Maryland, of course, have great discretion to increase and decrease the number of questions and the timeframe for answering them.

Asking and answering interrogatories with care and precision is essential as they may be admitted into evidence (subject, of course, to the Maryland Rules, the Maryland Rules of Evidence and the discretion they confer upon the trial judge).

Depending on the legal issues raised by your situation, it may be appropriate to ask questions concerning any of the following issues:

• Real estate interests
• Living arrangements
• Adulterous Relationships
• Employment Obligations
• Loans Made and Received
• Criminal Record
• Child Care Arrangements
• History of Domestic and International Travel

Requests For Production, Inspection and Copying of Documents.

The Maryland Rules empower your Maryland family law lawyer to request documents from opposing parties. That makes sense because opposing parties often have crucial papers, videotapes, photographs and electronic data that you need to introduce as evidence in Circuit Court. Each Maryland divorce and child custody case is unique—sometimes the primary documents you need may be more “business” oriented, for example federal and Maryland tax returns, employment/business records, and copies of telephone and utility bills. In other cases, the documents will be more “personal”—as in e-mail correspondence, receipts for personal expenditures, passports, etc. Opposing parties produce as documents those exhibits they wish to introduce in court.

Mental and Physical Examinations.

The Maryland Rules of discovery permit obtaining a physical or mental health evaluation of the opposing party, in certain domestic relations situations. A mental or physical evaluation may be appropriate to determine fitness for having custody or visitation of a minor child, ability to work when a parent claims s/he cannot pay (or needs more) alimony or child support for medical reasons, and a variety of other circumstances.

Learn More

The discussion of this article is only a small insight into the importance and scope of discovery. If you would like to learn more about the role that discovery may have in your Maryland divorce or child custody matter, feel free to contact the Law Offices of Amar S. Weisman, in Baltimore County, Maryland, by calling 410-321-4994 to schedule an appointment at our offices in Towson. During the initial consultation, we can discuss this law firm might be able to develop a discovery strategy that helps you obtain your legal goals.

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