Discovery in Maryland Divorce & Custody Cases

During Maryland custody and divorce proceedings, the parties are permitted to engage in a procedure that is referred to as "discovery". Discovery means that each party has the right of ask questions, obtain information and request documents from the other party or from third parties, such as banks, retirement trusteed and employers. Discovery in Maryland custody and divorce proceedings may include interrogatories which are a series of questions not to exceed 30 in number; requests from production of documents, subpoena duces tacum, admissions of fact and oral depositions.

Interrogatories: These series of questions, not to exceed 30 in number ask for basic information and may be quite extensive in nature. They include identification information, financial information and questions regarding the marriage, parenting skills and problems related to both. It is most important that the answers be complete and thorough as the opposing party may use those responses during trial. Under most circumstances the answers to interrogatories will be due 30 days after the interrogatories have been served.

Request for Production of Documents: As its name implies, each party will be obligated to produce as substantial amount of documents, such as bank statements, retirement accounts statements, wills, trusts, deeds, mortgage and most other financial information. With many people maintaining paper free financial information, retrieving the requested information can be difficult and time consuming. Under most circumstances the documents will be due 30 days after the request for production of documents has been served.

Depositions: During a deposition, the witness is placed under oath by a court reporter and opposing counsel is permitted to ask questions relative to the divorce or custody matter at issue. The witness's testimony is recorded by the court report. Depositions may also be taken of third parties to the actions, such as friends, relatives or others familiar with the facts and circumstances of the case.

Subpoena Duces Tecum: This is a request under court order for an individual or organization to produce certain documents. The most common is a request for a bank or employer to produce records of accounts, employment (etc.) for review by the opposing party.

Discovery in all its forms can be onerous and difficult, but a case may be won or lost by how effectively you and your divorce attorney handle discovery issues. If you are searching for divorce lawyer in Anne Arundel County, please contact a member of our team as soon as possible.

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