Discovery is one of the most important tools that attorneys have in all types of civil litigation. Whether it is a guardianship, an adoption, or a divorce, discovery allows for both sides to fully understand the other side’s case in chief and ensure that they are fully informed before they decide to settle or go to trial. Discovery in Oklahoma can be time-consuming, however, and can be a long and confusing process, so it’s best to understand the steps of discovery so you know where you are.
Initial Discovery
Within twenty (20) days of the date of service of summons in a case, parties in Tulsa are required to provide specific information to one another about their marital estate, including a list of all gross income in the past ninety (90) days and a list of all monthly living expenses, among other things. Note that these rules apply to Tulsa County, and other counties may have different rules. Parties are additionally required to provide further information before a temporary order hearing, such as three (3) years of tax returns. The other party doesn’t have to request these items; you are required to send them within the legal timeframe.
Discovery Requests
Each party is statutorily authorized to send the other written discovery requests. Discovery can be requested in three (3) ways: requests for admission, requests for production, and interrogatories. Each of these serves a particular purpose. Requests for production, for example, require a party to produce requested documents. Interrogatories require parties to provide written answers to questions the other party has. Requests for admission require a party to either admit or deny certain facts. Note that parties are generally limited to thirty (30) interrogatories and requests for admission; however, there is no limit for requests for production.
Discovery Deadlines and Objections
Usually, a party has thirty (30) days from the date of receipt of their discovery to answer the questions. Discovery deadlines are often extended by agreement if parties need more time. If, when answering discovery, there are questions that are not authorized in a case, parties can object on specific grounds. If an objection is raised, the parties will have to work to resolve the dispute before raising the issue with the court.
Discovery Sanctions
Discovery is not optional. If you are served discovery in a case, you must provide a response. If you fail to do so, you may eventually be subject to a motion to compel discovery and even discovery sanctions. For more information on discovery sanctions, visit here.
Discovery is ultimately a critical part of cases. It gives parties the information they need to settle or go to trial, and ensures that neither party is litigating in the dark. That’s why it is important to get discovery right. If you have been served discovery and feel overwhelmed, or need help issuing discovery, call Croslin Law to see how we can help you.