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July 2018 Archives

Examinations for Discovery: What are They and how are They Used in Family Law?

If you are headed to trial, examinations for discovery may be part of the preparation that the lawyers go through to obtain the facts relevant to the claims made in your family law matter. An examination for discovery and review of documents the parties have disclosed helps the lawyers confirm the facts that each party is going to rely on at trial and can help to narrow the issues. The results can also sometimes lead to settlement negotiations and agreements. Your examination for discovery will likely be the first time that the opposing lawyer will hear from you directly and this can help him or her better understand the strengths of your case and whether you will make a good witness at trial. The transcript from your examination for discovery can be used in court to undermine your credibility or as the basis for legal arguments regarding your position. Remember that it is a tool for the other side (not you), but it is vital that you be accurate and forthright in your answers. It shows respect for the court and the legal process itself. Your lawyer will have the opportunity to conduct an examination for discovery of the opposing party. 

Understand your legal options. Make informed decisions. Contact the family law lawyers of Henderson Heinrichs LLP

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