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Towson Divorce Lawyer | Evidence and Discovery.

Discovery in the Baltimore County Divorce Case

In a Baltimore County divorce (handled in the Circuit Court), both parties engage in discovery – the formal process of exchanging information and documents before trial. Discovery ensures that each side has the evidence needed to argue their case, promoting fairness and transparency. Common discovery tools in Maryland divorces include Interrogatories, Requests for Production of Documents, and Requests for Admissions. Below, we explain each of these and give examples of the kinds of information they cover. We also discuss the court’s Scheduling Order and discovery deadlines, which are crucial in keeping your case on track. (As a Towson divorce lawyer, I have guided many clients through this process and always emphasize timely compliance with discovery obligations.)

Who Do We Need to Subpoena for your Baltimore County Divorce Case?

Under Maryland Rule 2‑510, I issue subpoenas to compel the production of records from third parties who possess key information. Subpoenas allow me to bypass the opposing party and obtain source documents directly from institutions. Depending on the case, I may subpoena Baltimore County Public Schools, Baltimore Gas and Electric, the Maryland State Department of Assessments and Taxation, or local and national banks such as M&T Bank, Bank of America, Wells Fargo, and T. Rowe Price. These subpoenas yield enrollment records, utility payment histories, account statements, and corporate filings. In many cases, the subpoenaed records reveal discrepancies in the opposing party’s disclosures or supply the evidence needed to confirm income, property ownership, or the location of funds. I serve subpoenas strategically and in full compliance with Maryland law, using their power to strengthen the case and preserve admissibility while shielding clients from discovery gamesmanship.

The Law Offices of Amar S. Weisman, LLC has issued subpoenas and Notices to Take Depositions Duces Tecum to the following entities located in Baltimore County, Baltimore City, Carroll County, Harford County, Howard County, and throughout the State of Maryland,

Please Note: All Discovery must be conducted in compliance with the Maryland Rules, which limit Discovery to the pursuit of relevant evidence.

Interrogatories

Interrogatories are written questions that one spouse’s attorney sends to the other spouse. The receiving party must provide written answers to these questions under oath. Interrogatories are a versatile tool to gather detailed information directly from the other party in a divorce.

Limit and Format: In Maryland Circuit Court, you can send up to 30 interrogatories (questions) to each opposing party. These questions should be relevant to the issues in the divorce (for example, finances, property, or child custody). The Maryland Rules even provide some form interrogatories (standard example questions) that lawyers often use as a starting point. Each question should be clear and specific, and if sub-parts are used, they count toward the limit.
Response Time: The spouse who receives interrogatories typically has 30 days to respond in writing(unless the court or Scheduling Order sets a different deadline). The answers must be truthful and complete, and they are given under oath – meaning the responding party swears to their accuracy. If a question is unclear or improper, the responding party can object rather than answer, but they must state a valid reason (such as the question being irrelevant or too vague).
Examples of Interrogatory Questions: In a divorce case, interrogatories often seek information about financial and personal matters. For example: “Please list all sources of income you have, including employment, bonuses, or investments, in the past 12 months.” Or, “Identify all bank accounts (with institution name and account numbers) held by you individually or jointly during the marriage.” Other common questions might ask a spouse to describe their proposed custody arrangement for the children or to explain any large expenditures of marital funds. These questions help uncover facts that might not be obvious from documents alone.

By answering interrogatories, each party gets a clearer picture of the other’s position and information. It’s important to answer fully and honestly. Our firm helps clients formulate thorough answers (or objections when appropriate) to interrogatories so that we comply with the rules and avoid providing any misleading or incomplete responses.

Requests for Production of Documents

A Request for Production of Documents (often called a Request for Production, or RFP) is a formal request asking the other party to provide copies of documents or electronically stored information relevant to the case. In a divorce, this is crucial for gathering evidence about finances, property, and other factual issues.

Scope and Volume: Unlike interrogatories, there is no fixed limit on the number of document requests you can send in. You should, however, keep requests reasonable and tailored to the case. This means you can request many documents, but they should relate to issues like marital property, income, expenses, etc., rather than going on a fishing expedition. Document requests can also include electronic data (for example, emails, PDFs, spreadsheets) and even things like social media posts, if relevant.
Response Time: As with interrogatories, the party receiving a document request typically must respond within 30 days. The response usually includes providing copies of the requested documents or stating objections if the request is overly broad or not relevant. Sometimes, a party may respond that certain documents will be produced or that they don’t exist. It’s also common to agree on a format for electronic files (such as providing PDF scans or native electronic files).
Examples of Documents Requested: Divorce-related document requests often focus on financial records. For example, one spouse may ask the other to produce:
- Income documents: pay stubs, W-2 forms, tax returns for the past few years, 1099 forms for any contract work, etc.
- Bank and investment statements: recent statements for all bank accounts, retirement accounts (401(k), IRA), investment portfolios, and other assets.
- Property and debt records: mortgage statements, property deeds, car titles, credit card statements, loan documents, and credit reports.
- Bills and expenses: records of monthly bills, tuition receipts for children’s schooling, medical bills, and childcare expenses to evaluate support needs.
- Communication records: in some cases, attorneys might request emails, texts, or social media posts if, for example, they relate to marital misconduct or parenting (though these must be clearly relevant).
- Other relevant documents: prenuptial agreements, business records if a spouse owns a business, and any appraisals or valuations of valuable items.

Providing documents can feel burdensome, but it is a standard part of divorce discovery. To help our clients, we often digitize and organize these records – for instance, scanning paper documents and sorting them into folders – so that everything is accessible and we can respond completely. This not only makes it easier to comply with the requests, but also helps us analyze the information for your case. We encourage clients to start gathering financial documents early, since doing so will save time when formal requests arrive.

Requests for Admissions

Requests for Admissions are a set of statements that one party sends to the other, asking them to admit or deny each statement. Unlike interrogatories or document requests, which seek new information, requests for admissions are used to confirm facts or narrow the issues that will need to be proven at trial. They basically ask, “Do both sides agree this is true?” so that agreed facts don’t have to be argued about in court.

No Numerical Limit: Maryland rules do not set a strict limit on how many admissions you can request, but as with document requests, they should be reasonable in number. Each statement should address a single fact or document so the answering party can admit or deny it clearly. There are generally two types of admissions you might seek: (1) admissions of facts (e.g. “Admit that you purchased the house located at 123 Main Street during the marriage.”) and (2) admissions of the genuineness of documents (e.g. “Admit that the attached 2019 tax return is a true and authentic copy of your joint tax return filed for 2019.”). By separating each fact or document into its own request, it’s clear what exactly is being admitted or denied.
Response Time and Effect: The responding party also has around 30 days to answer requests for admissions For each statement, they must either “Admit” it (agree that it’s true), “Deny” it (disagree), or explain why they cannot admit or deny it. Partial admissions are allowed (for example, “Admit in part and deny in part…” with an explanation). Importantly, if a party fails to respond in time, each statement is deemed admitted by default. In other words, ignoring a Request for Admissions is extremely dangerous – the court will treat the unanswered statements as true. This tool can be powerful: if one side is inattentive and misses the deadline, they might inadvertently concede critical facts. (Our firm is very careful to never let this happen to our clients – we track these deadlines closely.)
Purpose and Examples: The primary purpose of admissions is to simplify the trial by taking undisputed matters off the table. For instance, common requests for admission in a divorce might include:
- “Admit that the date of marriage of the parties was June 10, 2010.” – If true, the other side should admit it, so neither side has to prove the wedding date at trial.
- “Admit that you maintained an account at XYZ Bank with account number ending in 1234 during the marriage.” – If the spouse indeed had that bank account, admitting it saves time, and then the focus can shift to what funds were in it.
- “Admit that [Spouse A] made a payment of $5,000 towards the mortgage in May 2023 using marital funds.”– If this is true and not really disputable, admitting it means that fact is established.
- “Admit that the attached text message printout (Exhibit A) is a true and accurate copy of a text conversation between you and [Child’s Name] on March 3, 2024.” – This gets the other party to acknowledge the authenticity of a piece of evidence, so it can be used without arguing about its genuineness.

If a statement is not entirely true or is worded in a tricky way, the responding party can deny it or explain their answer. For example, if asked to admit something that is partly true, they might admit in part and deny in part, clarifying which part is true. Or if they truly don’t know the answer and can’t reasonably find out, they can say so (lack of knowledge is only acceptable after a reasonable inquiry is made).

Requests for Admissions, while less flashy than other discovery tools, are very useful. By getting as many straightforward points admitted as possible, we can focus on the real disputes in your case. We often serve tailored admissions requests to confirm basic facts (dates, ownership of accounts, authenticity of documents, etc.), which streamlines the litigation.

Scheduling Order and Discovery Deadlines

Early in your case, the court will issue a Scheduling Order that sets the timeline for the major steps in your divorce litigation. In Baltimore County Circuit Court, a scheduling order is usually issued within about 30 days after the defendant files an Answer to the divorce complaint. This order is essentially a calendar for your case: it lists deadlines for completing discovery, filing motions, scheduling mediation or settlement conferences, and the projected trial date. Both parties must follow this schedule unless a modification is granted by the court.

Key points about the Scheduling Order and discovery deadlines:

Discovery Cutoff: The scheduling order will specify a date by which all discovery must be completed. This is often a number of months after the case starts (for example, on a standard track case in Baltimore County, the discovery phase might last around 5–6 months from the filing of the complaint). By that discovery deadline, all interrogatories, document requests, admissions, and depositions should be finished. Courts set this cutoff so that there’s enough time after discovery for any follow-up motions and to prepare for trial. It also prevents either side from dragging their feet or springing new evidence at the last minute.
Service Deadlines for Requests: The order may also indirectly limit when you can send discovery requests. For example, if discovery closes on June 1, you shouldn’t wait until May 30 to send out interrogatories that the other side has 30 days to answer – that would be too late. A common practice (and sometimes explicitly stated in the order) is that you must serve any discovery requests well before the discovery cutoff, allowing the other party the full 30 days to respond before the deadline. In other words, both sides need to work backwards from the discovery deadline to ensure all requests are timely. (Your attorney will handle the timing of this, but it’s good for clients to be aware of why starting discovery early is beneficial.)
Compliance with Maryland Rules: The Maryland Rules of Civil Procedure provide the framework for discovery timelines. Maryland Rule 2-421 governs interrogatories (30-question limit), Rule 2-422 covers document requests, and Rule 2-424 covers admissions. All generally require a response within 30 days of service (or 15 days after your initial pleading if you get served discovery with the complaint). The Scheduling Order works in tandem with these rules by setting the outer time limits for the whole discovery period. Always pay attention to both the Maryland Rules and any specific instructions in your court’s orders – they collectively tell you what you must do and by when.
Consequence of Missing Deadlines: It’s critical not to miss discovery deadlines. If a party fails to respond to discovery on time, the opposing attorney will usually first try to resolve it informally (for example, sending a reminder or request for a status). But if that doesn’t work, the next step could be a Motion to Compel – asking the court to order compliance. Judges take discovery obligations seriously. In fact, if a party completely ignores discovery or a court order, the court can impose sanctions. Sanctions might include forcing the non-compliant party to pay the other side’s attorney’s fees for the motion, excluding that party’s evidence at trial, or in extreme cases even ruling against them on certain issues or the entire case. One built-in sanction in Maryland is that unanswered Requests for Admissions become admitted as true (as mentioned above), which can effectively decide parts of the casepeoples-law.org. The bottom line is that both sides must follow the timeline, and the court has tools to enforce this.
Working with Your Attorney: Our firm’s approach is to diligently follow all discovery rules and deadlines, and we expect the opposing side to do the same. We calendar every due date (30-day response windows and the final discovery cutoff) to ensure nothing slips through the cracks. By being proactive and organized, we protect our clients from any claim that they failed to comply. Conversely, if the other side tries to drag their feet or play games with discovery, we take action to hold them accountable – whether through polite but firm correspondence or, if needed, involving the court. This balanced approach helps maintain integrity in the process without letting our client get “stomped on” by an uncooperative opponent.
Adaptability and Organization: We have litigated numerous discovery disputes, so we know what is reasonable and what is not. If disputes arise (for example, the other party objects to producing key financial records or refuses to answer important questions), we will advocate for you, including filing motions to compel when justified. On the flip side, if you receive overly broad or improper requests from the other side, we will object and negotiate to narrow them, so you are not burdened with irrelevant or harassing demands. Throughout the process, we leverage technology to make discovery easier – for instance, using secure digital portals for you to upload documents, and sending responses electronically when possible – keeping everything well-organized. This not only simplifies life for you as the client, but it also demonstrates to the court that our side is efficient and compliant.

In summary, discovery is a critical phase of any contested divorce in Baltimore County. Through interrogatories, document requests, and admissions, you and your spouse exchange the information needed to reach a fair outcome. With the court’s scheduling order setting the pace, it’s important to meet each deadline and respond completely. By working closely with an experienced Towson divorce lawyer and staying organized, you can navigate the discovery process confidently. Our goal is to obtain all the necessary information for your case while upholding the highest standards of compliance and advocacy – so you enter settlement negotiations or the courtroom with no surprises and with the strongest possible position.

As a Maryland family lawyer, Amar Weisman gathers evidence during discovery and presents it at trial, emphasizing quality over quantity. High-quality evidence clarifies and resolves contested issues, helping the fact finder reach an informed decision.

We identify crucial evidence at a case’s outset, long before trial. By defining categories of relevant information early, we serve targeted discovery on both the opposing party and third parties, compelling them to produce verifiable records that meet the strict requirements of the Maryland Rules of Evidence.

If you adopt an evidence and discovery strategy, you won’t scramble for exhibits weeks before trial. If you want to settle, neglecting to plan, gather, and share evidence can sabotage negotiations. Discovery compels both sides to disclose enough information to spot strengths and weaknesses. Pro se litigants usually fixate on evidence that favors them and ignore proof that bolsters the opposing side, which leaves no room for effective rebuttal.

The Maryland Family Law Rules Provide Methods and Timelines for Acquiring Information

The family law discovery process includes, but is not limited to, the following discovery requests: Maryland Family Law Interrogatories, which are written questions sent to the opposing party to be answered within a 30-day timeframe; Requests for the Production of Documents, which are requests for specific documents from the opposing party to be answered within 30 days; Requests for Inspection of Property; Subpoenas, which require individuals to appear at a trial or deposition; Notices of Deposition, which inform parties of upcoming depositions; Notices of Depositions Duces Tecum, which compel third parties to provide information; and Requests for Admission of Fact.

Categories of Exhibits Helpful for Litigating Maryland Divorces

Amar S. Weisman is a top Baltimore County Divorce Lawyer who will leave no stone unturned to obtain the evidence you need to prove your case in Marylande Courts, including:

Appraisals estimate the value of real estate and personal property.
Bank Records, including Checking accounts, savings accounts, and safe deposit boxes.
Credit Card Statements establsihing debt or the basis for spousal support.
Criminal records, Including 911 tapes, police reports, and statements of charges.
Department of Social Services Investigations.
E-Mail and Text Messages, including communications between the parties, family members, and paramours.
Employment Information including pay stubs, benefits, bonuses, and work schedules.
Facebook Posts/Archive.
Health Insurance Records are subject to privilege, including explanations of benefits, monthly statements, and reimbursements.
School Records,ncluding enrollment/removal, emergency contact information, report cards, and IEP documentation are critical for resolving child custody.
Tax Records, including federal, state, and county annual tax returns. Federal Tax Returns and tax liens.
Child Support evidence including Work-Realted Childcare, Out-of-Pocket Medical Information and details regarding the cost to insure Minor Children through employer plans.
Personal Property Records, including riders for valuables.
Witness Lists for fact and expert witnesses.

Schedule a Consultation to Have a Top Divorce Lawyer Present Your Family Law Case

Please Call (410) 321-4994 during business hours to schedule a free consultation to decide whether you want to retain Amar S. Weisman for your divorce in Maryland. The firm does not accept pro bono clients at this time. To have legal services and advice, you must pay a retainer, See Policy on Fees/Costs.

The law firm is located in the heart of Towson near The Circuit Court For Baltimore County, Towson Town Center, Goucher College, and Towson University, at 1018 Dulaney Valley Road (MD-146), Second Floor Towson, MD 21204.

We represent clients throughout the Baltimore area, including Aberdeen, Abingdon, Baldwin, Bel Air, Bowleys Quarters, Brooklandville, Carney, Catonsville, Cockeysville, Edgewood, Essex, Garrison, Glen Arm, Greenspring Valley, Homeland, Hunt Valley, Hydes, the Joppa Road Corridor, Kingsville, Long Green, Lutherville, Middle River, Nottingham, Owings Mills, Parkville, Pikesville, Perry Hall, Reisterstown, Riderwood, Rodgers Forge, Rosedale, Ruxton, Sparks, Sparrows Point, Stoneleigh, Timonium, Towson, West Towson, White Hall, White Marsh, and the York Road corridor.

We have also represented several out-of-state clients. The law firm does not guarantee the results in any matter.

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