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In a Texas family law case, discovery refers to the legal process through which both parties exchange information and evidence relevant to the case. The discovery process assists the attorneys and parties in the case to obtain information relevant to prepare the case for hearings, depositions, custody evaluations, settlement, and/or final trial amount other things. 

This helps ensure transparency, allows both sides to prepare for trial or settlement, and facilitates a fair legal process. Most written discovery requests have a deadline of thirty (30) days. Objections and privileges may also be claimed by the responding party in response to the specific discovery requests. In addition, family law cases involving divorces the court will order the parties to exchange sworn Inventory and Appraisements which are another form of written discovery. 

Discovery can involve a variety of methods and tools, including but not limited to:

1. Interrogatories: Written questions sent to the other party that must be answered under oath. These questions are designed to gather facts or clarify the other party’s position on certain matters.
2. Requests for Production: Requests made to the other party to produce specific documents or evidence, such as financial records, emails, or other relevant information. Typically, the courts will allow up to the last five years financial records, emails, or other relevant information to be collected. 
3. Requests for Admission: Requests that ask the other party to admit or deny certain facts, which can help narrow down the issues in dispute.
4. Request for Disclosure: In family law cases are written requests for the following information: the names of the parties to the lawsuit, the name address and phone number of potential parties, legal theories, and factual bases of the parties’ claims or defenses; the amount and method of calculating economic damages, witnesses who could be called to testify at a hearing, depositions or final trial. 
5. Depositions: In-person questioning of a party or witness, under oath, that is recorded by a court reporter. Depositions can be used to gather testimony or clarify facts and are often conducted outside of the courtroom. Most family law cases do not use this method, but it is used when necessary.
6. Subpoenas: A request to third parties (such as banks or employers) to produce documents or testify regarding relevant information.

In Bexar County, as in other Texas counties, the discovery process follows the rules set out in the Texas Rules of Civil Procedure. Many clients ask, do I have to answer these? Do I have to provide the requested documentation? Yes. If you do not provide the required documentation and responses, you could be sanctioned by the court, have to pay attorneys fees to the other side and waive your right to produce evidence in your case. 

It is essential for individuals involved in family law cases to carefully manage their discovery process, as failure to properly exchange information or respond to discovery requests can lead to legal penalties or negative outcomes in the case. Legal professionals often guide their clients through this process to ensure compliance with procedural rules and timelines.

You can assist your legal team by preparing the requested documents, following all deadlines set up by your legal team and asking questions to understand your part in the process of discovery. Do not wait until the last minute to complete the discovery. Time management is of the essence and will help you, your case and your legal team, better understand and protect your case. 

Book your consultation today with the Denis Law Group, we understand the process of discovery and are here to help you understand it as well.