Most Common Discovery Tools in South Carolina Family Court
Written by: Megan Dell
Most Common Discovery Tools in South Carolina Family Court
In South Carolina Family Court, discovery tools are essential for gathering information and evidence. Discovery is the process through which each side exchanges information while gathering evidence about their case. These tools ensure both parties have access to the necessary details to build their arguments effectively.
One of the most tedious parts of a case in South Carolina Family Court is conducting the discovery process.
What is “discovery”? It’s the process through which each side exchanges information about their case. When each side knows what evidence the other has, they are each better able to evaluate their case and may be able to reach a settlement.
Discovery can be time-consuming and expensive, but it also provides an invaluable opportunity to identify weaknesses in the other party’s trial strategy and position in the case. Here’s some information about the most common discovery tools in Charleston Family Court.
The four most common discovery tools in South Carolina Family Court are described below.
1. Interrogatories (allowed by Rule 33, SCRCP)
Interrogatories are written questions sent to the other party by the requesting party, and the other party must provide full answers to them under oath. These interrogatories can cover any subject that is relevant to the issues pending before the Court, and the party answering them can only object to them for a few specific reasons. These are probably the most common discovery tool.
The standard interrogatories to expect in every case require each party to provide a list of witnesses and provide sufficient information about the certain facts each witness knows.
2. Requests for Production (allowed by Rule 34, SCRCP)
Requests for Production are written requests sent to the other party asking for any pieces of evidence that are relevant to the issues pending before the Court. These requests can encompass multiple data sources, including documents, emails, and digital records. These are also a very common discovery tool.
3. Requests for Admission (allowed by Rule 36, SCRCP)
Requests for Admissions are written statements sent to the other party, and the other party must admit or deny each statement. These statements can sometimes involve sensitive data, which must be handled with care to ensure privacy and compliance with legal standards. If the party answering these does not answer timely, then the statements may be deemed admitted at trial.
4. Depositions with a court reporter (allowed by Rule 30, SCRCP)
Depositions provide an opportunity to question the other party or a witness under oath prior to trial. They are usually conducted in an attorney’s office and the questions and answers are recorded in writing by a court reporter. In some circumstances, such as when a witness lives outside of South Carolina, depositions may be used in place of trial testimony or may be conducted by video or telephone. Depositions provide an opportunity to learn what the party or witness knows about a situation. Additionally, if a witness testifies differently at trial, then the deposition testimony may be used to challenge the witness’s credibility.
Benefit of the Discovery Process
The most valuable part of the discovery process is requiring the responding party to identify the evidence he or she thinks is most relevant to the claims before the Family Court. Through the exchange of information, each party can discover the weaknesses of the opposing party’s case, which can help avoid further litigation and the expense of going to trial.
Ultimately, if you expect your case to go to trial, then it will be necessary to compile evidence from various sources throughout the litigation. Using discovery tools effectively will help build your strongest case.
Downsides of Conducting Discovery
Once you start the discovery process, you can expect the responding party will issue requests for production of documents to you, as well as require you to answer written questions under oath and production of documents themselves. Gathering evidence such as bank statements and other certain documents from multiple sources can be burdensome, especially if you do not already have the information in your possession.
How Divorce Lawyers Use Discovery in Divorce Litigation
Discovery can be complex and time-consuming, and it is important that you understand the value it can bring to your South Carolina Family Court case. Knowing how to use the most common discovery tools is important. Schedule a consultation with an experienced Family Court lawyer to get help with your divorce discovery in Charleston Family Court or in the surrounding counties.
