What is Discovery?
Answer: The discovery stage of a lawsuit starts to happen within a month or so of the original filing of the case. It is the second stage of litigation.
When the case is filed, certain allegations are made regarding the rights of the person that files. The other party files a Response to these allegations that typically denies that the filing party is entitled to everything they are asking for.
When one party claims entitlement and the other party denies the entitlement, the case is at issue. The original pleadings flush out the issue that will be determined by the court.
The discovery stage is where each party gets find out what proof the other party has to back up their position. It is also where you get to find out exactly what the other party will say at the trial, so there will be no surprises.
The court has rules in place to require the sharing of this information. Discovery may occur by various methods, e.g., depositions, interrogatories, notices to produce documents, exchanging of financial affidavits, subpoenas served upon third parties, etc.
The discovery stage in divorce can often be lengthy and costly, depending upon the complexity of the issues and the willingness of the parties to comply promptly with the discovery requests made upon them.
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Richard and Kari are staunch advocates of the non-court approach to divorce, and are also active and seasoned litigators with over 70 years of combined trial experience in the Illinois divorce courts of Cook, DuPage, and Will counties.