Discovery in Tulsa divorce is the process of uncovering evidence, either from a party to the litigation or from a third party about issues in a litigated matter. It is a formal process with rules and procedures. The information sought by discovery tools must be relevant to the issues that are being litigated. A divorce is a type of litigation in which one spouse is suing the other spouse. That enables the use of these tools when filing for divorce in Oklahoma.
Laws Regarding Discovery In Tulsa Divorce
Like all jurisdictions, Oklahoma has laws that govern the use of discovery tools. These laws are contained in Oklahoma’s statutes on Civil Procedure. Okla. Stat. tit. 12 § 3224 et seq.
Tools for discovery in Tulsa divorce are outlined in those laws and include:
Depositions (either oral or written): A deposition is recorded testimony taken under oath. It is usually done orally and takes place in an informal setting such as an office. Testimony taken in a deposition has the same force and effect as testimony given in a court of law. A person being deposed is called a deponent. A deponent may be a party to the litigation or a third-party witness.
Written interrogatories: These are written questions to which a party must provide written answers.
Production of documents or things, or permission to enter upon property: This is usually a request for the production of documents, but it can also be the production of digital or electronic equipment or any other thing that might be relevant. This can also be a request to enter property and conduct an inspection.
Request for physical and mental examinations: When a person’s mental or physical condition has a bearing on an issue in the litigation, a party can request an examination done by a health care provider of their choice. This must never be done to harass a party and there are privacy issues that must be taken into consideration.
Requests for admission: A party may send out requests for admissions to another party. This tool is used to narrow out facts and issues. It asks the party to attest to certain facts in order for them to be admitted as truthful.
These tools are used in addition to the disclosures that are typically required in an Oklahoma divorce. All these tools can be used to establish facts and narrow issues as you move toward finalizing your divorce.
What Matters Are Subject To Discovery?
Parties can obtain discovery regarding any matter which is not privileged, which is relevant to any party’s claim or defense, or is reasonably calculated to lead to the discovery of admissible evidence. The information sought must be proportional to the needs of the case, considering the importance of the issues at stake, the amount in controversy, and the parties’ access to relevant information.
The matter sought may not be overly burdensome to the party from whom it is being sought. Also, evidence sought in discovery need not be admissible in court. Okla. Stat. tit. 12 § 3224
A party must answer discovery when it is propounded by another party. If the discovery request is objectionable, the answers issued by the responding party must state all relevant objections. If a party fails to answer, the propounding party may bring a motion to compel a response.
The responding party must not only provide responses, but may also have discovery responses deemed against them. For example, if a party fails to answer a request for admissions, the court may order those requests for admissions to be deemed as fact. Finally, the losing party in a motion to compel discovery responses may have to pay the other party’s attorneys’ fees and costs.
Discovery is a serious part of the litigation process. It should never be abused or taken lightly. If you have further questions about discovery or the scope of discovery, make sure to bring your questions to an experienced Tulsa divorce lawyer.
Free Consultation With A Tulsa Divorce Attorney
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