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The Discovery Process

The term “Discovery” describes the process by which each side receives documentation in order to support their claims. It is required in Arizona that both spouses must disclose (in writing) all the factual legal grounds for their claims and their defenses. They also must file a “Notice of Witnesses” disclosing the addresses and names of all the witnesses which will be used at trial. They must also disclose the documents which those witnesses will use at Trial. If not all documents are fully disclosed, then they can be excluded from evidence at trial.

In Arizona, “Interrogatories” are the written questions which are filed by each side for the other side to answer. Court ordered interviews are known as “Depositions” in Arizona. These are conducted with both attorneys present, a court reporter, and sometimes both spouses. When both spouses are present, this is done in order for one spouse to assist their attorney in formulating questions or expanding on answers given by the opposing spouse. A written list of questions known as a “Request for Admissions” is also commonly filed in Arizona. This will save time and expense during the pendency of the case to dispose of simple items (i.e., “were you born on this date”, “are you the mother of this child”, etc.). Finally, in Arizona a “Request for Production of Documents” will be filed which seeks to obtain certain necessary documents from each side (i.e., pay stubs, 401K balances, etc.). This can help finalize issues on both sides and accelerate a case towards the “Marital Settlement Agreement/Consent Decree.” It is always wiser to enter into a Settlement Agreement rather than Trial, because it is less expensive and usually does not result in any Appeals. If a case does need to proceed to trial, then all of these Discovery procedures are absolutely necessary in order to obtain the most favorable result. The Cantor Law Group has one of the most expansive databases of Interrogatory and Deposition questions in the Arizona legal field. We also possess some of the finest Request for Production of Documents pleadings utilized in the State of Arizona.

Contact us or call The Cantor Law Group at (602)254-8880 immediately for a free initial consultation designed to provide helpful information regarding the “Discovery Process” as it applies to your individual situation.

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