Our client, Elgin, is currently going through a divorce. This is all new and kind of frightening to him. He never thought that his wife would divorce him, and now her lawyer is interested in getting all kinds of information from him. Your attorney has asked you to provide Elgin with a guide to the discovery process. Elgin wants to know what to expect and what is expected of him.
What will be an ideal response?
We might first discuss the purpose of an Interrogatory. These are written questions that his attorney was served with from Elgin's wife's lawyer. Elgin must answer these questions under oath. They may touch on financial matters such as his employment or real estate holdings, or as personal as names of treating medical doctors or past or current lovers. We will be asking for similar information of his wife. Elgin might next receive a Request for Production of Documents. This is a formal request for documents usually pertaining to earnings, income, deeds, pension plans, bank statements, and financial holdings. We will both respond and ask for the same type of information. His wife is seeking a physical examination of him through a Request for Physical and Mental Examination. She wants to know why Elgin can't work more hours at his place of employment or find additional work. She could have asked for a mental examination, which, if something were found mentally challenging, could affect custody rights. Finally, the Deposition. This is when his wife's attorney gives him notice to appear to either have him questioned, or witnesses, to testify under oath to see if he is withholding any vital information, or a witness could shed light on the suitability of the party in relation to his children.
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