By Sara Pitcher
Before addressing non-party discovery, it is helpful to understand what discovery is.
Discovery is defined as:
1. The act or process of finding or learning something that was previously unknown.
2. Compulsory disclosure, at a party’s request, of information that relates to the litigation.
3. The primary discovery devices are interrogatories, depositions, requests for admissions, and requests for production.
4. The pretrial phase of a lawsuit during which depositions, interrogatories, and other forms of discovery are conducted. Black’s Law Dictionary, 498 (8th ed. 2004).
In a family law case, discovery may involve interrogatories, depositions, requests for admission, and/or requests for production. These are tools designed to discovery the information necessary to prepare for a hearing or to prepare or respond to a settlement proposal.