The Discovery Process:

A Guide

Tennessee Paralegals, LLC

www.tnparalegals.com
info@tnparalegals.com
(629) 895-3696
 What is Discovery?
Discovery is the process of exchanging information between parties
in a litigation case. Litigation cases can be divorces, modification of
parenting plans, personal injury, contract disputes, any case in
which a complaint or petition is filed. It is designed so that each
side can gather specific information to hopefully move the case
toward reaching a settlement or agreement without having to
endure an expensive trial.

Discovery consists of written discovery and oral discovery. Written

discovery consists of interrogatories which are written questions,
requests for production of documents, and requests for admissions.
Written discovery is what we have attached here.

Oral discovery is also called depositions and takes place in a

conference room. Typically, your attorney and opposing counsel
will be present along with a court report who records every
questions asked and every answer given. The testimony takes place
under oath and is very similar to offering testimony at trial. In fact,
testimony given during depositions can be used at trial. This type of
discovery is not used in every case, but if depositions are taken all
parties are typically deposed. Some witnesses may also be deposed,
particularly expert witnesses.
 Interrogatories:

Interrogatories are the "question" part of the

discovery process. They must be answered in
writing and under oath. The questions must be
relevant to the case. Depending on the type of
case, the questions often center around fault,
money, witnesses, work, and (for personal injury
cases) medical treatment.
 Request for Production of
Documents
Requests for Production of Documents, or
RFPDs, are required copies of certain files and
other documents that are relevant to the case.
These can include financial statements, tax
returns, credit card or other banking statements,
medical and billing records, as well as many
other documents.
 Request for Admissions

Requests for Admissions, or RFAs, are a series

of statements that should either be admitted or
denied. In some cases, an appropriate response
will state that it can neither be admitted or
denied. These responses MUST be answered
within thirty (30) days or the responses to all the
statements are deemed admitted.
General Information

Be Timely
Your responses are due to the other side
in 30 days. We require your answers at
least one week beforehand to edit and
tailor as needed.

Be Concise
You must answer every question unless we
have objected for some reason. Please do so
directly and fully but succinctly.

Be Honest
Answer every question truthfully. You are
under oath. Lying or omitting information
can hurt your case and result in penalties.
 Components
Personal Information
The first questions are usually general information
about you, your family, etc.

Education & Job

You will likely be asked about your education,
any degrees, training, current employment, past
jobs, salary history, job benefits, side jobs, extra
income, etc.

Financial
You will likely be asked about accounts, cash,
expenses, spending habits, debts, loans,
retirement, pensions, IRAs, life insurance, real
estate, investments, etc.
Parenting
If you have children, there may be questions
pertaining to them, your parenting, i.e.duties
during the marriage, discipline, schedules, school,
foul language, family, etc.
 Components Continued
Marital Fault
There will likely be questions dealing with any
alleged grounds for divorce of related defenses.
Affairs, flirtations, fights, drinking, drugs,
yelling, abuse, etc.

This and That

Anything else that is even remotely relevant will
be asked, including questions about pets,
criminal records, pornography, habits,
tendencies, friends, witnesses, relatives, etc.
 Tips for Answering Discovery:
Begin answering as soon as possible
The process is both time-consuming and time-sensitive, so
begin as soon as possible after receiving them.

Answer ONLY the question being asked.

If a question is yes/no, ONLY answer with yes or no. Do not
add additional information.

Emotions can be triggered.

Some of the questions may seem personal or invasive. Keep
your responses as businesslike and professional as possible.

Privacy is helpful.
Due to the nature of some of the questions, it is best to have
privacy when answering these questions with your attorney
or paralegal.

This is overwhelming!
Our best suggestion is to break it down into smaller chunks
over time so that it is easier to manage. Also, it is important
to be kind to yourself and practice self-care. If you need to
take a break from all the questions and requests, then take a
break. Just be sure to come back to it.
 Frequently Asked Questions
(FAQs)

Do I really have to furnish all of this information?

Unfortunately, yes. Discovery is never fun. It takes time and
can be difficult because it can mean rehashing trying periods
in your life. Please know we understand and are here to
support you through it.

Are there limitations on what they can ask?

Yes! We review the discovery for objections to any requests
and will advise you accordingly. Remember, we are on your
side to make sure you are protected. However, opposing
counsel is still allowed to ask for a lot of information that
may seem intrusive. If you have any questions about
whether something needs to be answered or furnished,
please reach out so that we can discuss it.
 FAQs Continued
What if I leave out information?
If you are unable to recall the answer to a question, tell us. If
you remember additional information later that you believe
may be relevant, let us know as soon as you can.

Why are they asking things they already know?

To get your answer under oath. Your answers can be used
to impeach you later and discredit your testimony. This is
why honesty and consistency are so important.

Can I just refuse to answer?

No. You are under the court's jurisdiction and can be
compelled to respond. Unreasonably refusing to cooperate
can open you up to contempt penalties such as fines or jail
time.

What if I do not know the answer?

If the question is compound or difficult, we can object
and/or help. If you understand the question but do not know
the answer, simply say so.
 Next Steps
We will work with you to respond
timely and appropriately to each
question and request. For now,
follow these tips, and reach out if
you have any questions.

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You info@tnparalegals.com
www.tnparalegals.com