Question

business law.

In a court proceeding what type of discovery are available to the parties before trial?

Answer 1

In most contested family court cases, it is a good idea to ask for “discovery.” Discovery is the term for the organized exchange of information between the parties. Even though engaging in discovery adds to the expense of the case, learning about the other side’s case and being forced to reveal one’s own case increases the likelihood of settlement. Since both sides can have a better idea what “facts” each side will try to prove at trial, each can weigh how strong or weak their case is relative to the other party’s case. Further, discovery makes trial less a game of blind man’s bluff and more a fair contest with the basic issues and facts disclosed to the fullest practicable extent. The issues that can be inquired into through discovery are quite broad. Under Rule 26(b)(1), SCRCP:

Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

There are basically six types of discovery in family court: 1) interrogatories; 2) requests for production of documents and inspection 3) requests for admissions; 4) depositions; 5) subpoenas duces tecum; 6) physical and mental examinations.