Georgia Discovery Process

Understanding the Georgia Discovery Process in a Lawsuit

People are frequently surprised by how intrusive discovery can be in a lawsuit. The point of the process is to make sure that parties suing can obtain all the evidence available for their case, even if the defendant or request target may not be happy about that information being exposed. Since the legal process is adversarial, each side has to make its best argument to win in front of a judge or jury. So, to do that, they need access to all the evidence possible that can be shown in a trial. The formal process for requesting access is known as discovery.

How it Works

Discovery can actually be implemented by Atlanta divorce attorneys in a couple of different ways. The first, and most academic method, is to require parties to appear to answer questions. This can be done in writing, which is known as an interrogatory, or in person, which is called a deposition. Both require the respondent to answer truthfully and not omit information that could be used for the case. Doing so or lying could be considered perjury or tampering with evidence, triggering real penalties and even jail time.

The second method is through a subpoena or request for production. This is a document the court approves ordering the targeted party to provide access to specified information or property that can be possibly used for a case by a divorce attorney Atlanta expert. In most situations, a production request or order usually involves documents and records, but sometimes it can also involve physical access to a facility or property as well.

A third method used by an Atlanta divorce lawyer is by admitting evidence willingly provided by the parties. Both sides get access to the information or the ability to assess the evidence to then make conclusions about what it represents.

Resistance is Futile

Parties frequently ask whether they can avoid responding to discovery from an Atlanta divorce attorney, but what folks need to remember is that they are not responding to the requesting party. They are really responding to the court. When a discovery request is made by an attorney, once the case is filed and approved for process by the court, the lawyers involved become officers of the court. So, when they send a discovery request, the responding party is really expected to answer correctly and truthfully to a court function. Intentionally failing to do so could be considered contempt of court, which a judge can then punish severely. In Georgia, this would be identified to the court in a motion to compel an order, forcing the party to comply.

In the same respect, lying or omitting information intentionally, with the goal of trying to hide evidence, can also get a party in serious hot water with the court, which can also turn into a felony.

Managing Discovery With an Expert

The North Georgia Family Lawyers, LLC provides clients with one of the best ways to deal with Georgia discovery requests and litigation, based on years of experience with the court system. Their Atlanta divorce lawyers regularly utilize discovery to strengthen cases and help clients through the responding aspects when discovery requests are sent to them. Without that kind of high-quality expertise, it can be very easy to make a mistake and get on the bad side of the court. As an Atlanta divorce law group with a strong reputation in results, North Georgia Family Lawyers, LLC can help you navigate discovery demands and how to use the process for your case’s evidence in divorce. Call us to find out more through a consultation.