A Brief Overview of Discovery

Once a family law case begins, each party needs to find out information about the other side's case, so each can be prepared for a trial. Because this is true in all kinds of cases, the methods for finding this information are uniform for most types of cases, and therefore might have limited value in the family law arena. This is a brief overview of the types of information gathering tools (called broadly "discovery"), how they work generally, and which are most valuable and used in family law.


1. Financial Statements: Under Iowa Code 598.13, these are mandatory in divorce cases in Iowa, but can be waived if both parties agree. This disclosure involves completion of a form about income, debts, assets, and monthly expenses. It gives a complete financial picture of the party, which can help in a variety of family law issues.


2. Interrogatories: These are written questions sent by one party of the action to the other. They must be answered fully, under oath, and signed. These must be completed within 30 days of getting them from the other party. The number of questions is capped at 30. Iowa Rule of Civil Procedure 1.509.


3. Requests for Production of Documents: This method is also in writing. In most cases, this involves sending a list of requested documents to the other party, which the party must produce within 30 days. However, it can also be used to test, inspect, or sample, and can include electronic data or real property. Usually family law requests involve financial documents. Iowa Rule of Civil Procedure 1.512.


4. Physical/Mental Exams: Iowa Rule of Civil Procedure 1.515 allows for a party to request the other to undergo a physical or mental examination by a doctor. However, good cause must be shown to require the exam, which is very difficult to prove, especially in family law cases. This is rarely used. 


5. Requests for Admissions. Iowa Rule of Civil Procedure 1.501 mentions this method. This involves sending the other party written statements, and asking that party to admit or deny that the statement is true. These also have a 30 day time limit, but worse than the other methods, if a response is not received within 30 days, all the statements are deemed admitted. Therefore, timing is very important.


6. Depositions: This method has an entire chapter in the Iowa Rules of Civil Procedure, starting at 1.701. This involves questioning of either a party or a witness under oath, in person, while the answers are being recorded by a court reporter. Both attorneys are usually present, as well as the parties, whether or not they are being questioned. These can be used later at trial if a witness changes his or her story, but can be expensive. Depositions are sometimes, but not certainly not always, used in family law cases.


Just because a question is asked in any of these methods does not mean it is proper or must be answered. An attorney will help make the decision about whether a question should be answered, and if so, to what extent. People can represent themselves in family law cases, but the discovery process is one in which some expertise will make the navigation less confusing.