How far back does Discovery go in a divorce?

How far back does Discovery go in a divorce?

three years

How do I find hidden bank accounts in a divorce?

However, divorcing spouses in all states can use powerful legal tools, called “discovery,” to help them find hidden income and other assets (discovery is explained in detail below). The first step in dividing assets during a divorce is to create a complete financial picture of all of the assets owned by each spouse.

What happens if you hide money in a divorce?

If you or your spouse hide or devalue assets, it will be discovered – either by your lawyer or by your ex-spouse’s lawyer. Since your judge can make virtually any decision s/he wants within the boundaries of California divorce law, your dishonesty or hiding of assets will result in punitive damages.

What types of evidence can be legally obtained during the discovery process?

Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and …

What are the three forms of discovery?

That disclosure is accomplished through a methodical process called “discovery.” Discovery takes three basic forms: written discovery, document production and depositions.

Do cases settle after discovery?

But the usual cases will settle after intensive (and expensive) discovery is concluded, usually a few months before the actual trial, sometimes literally on the steps of the court house or in the first few days of trial if parties are willing to push the settlement envelope as far as they can.

Can evidence be submitted after discovery?

Yes, evidence can be submitted after discovery. Evidence can be submitted with or without approval from the opposing party, but it is possible that the opposing party may argue that any submission of additional evidence may be cause for a new trial.

What kind of evidence is not admissible in court?

Primary tabs. Evidence that can not be presented to the jury or decision maker for any of a variety of reasons: it was improperly obtained, it is prejudicial (the prejudicial value outweighs the probative value), it is hearsay, it is not relevant to the case, etc.

What happens if you lie in discovery?

The most damaging thing that can happen if someone lies on interrogatories is that they can be punished by the judge at trial. When the truth is discovered, the judge may impose a fine, assign additional litigation costs, or dismiss the case entirely if it was brought by the party who provided false information.

What is the difference between pleadings and discovery?

While a trial is what most people think of when they hear the terms lawsuit or litigation, most of the work is done during the pretrial phase, which includes preparing and filing pleadings and motions and exchanging discovery. Pleadings are documents that outline the parties’ claims and defenses.

What are the 3 types of pleadings?

What are Pleadings?

• Complaint. A lawsuit begins when a plaintiff (the party suing) files a complaint against a defendant (the party being sued.)
• Answer. The answer is the defendant’s written response to the plaintiff’s complaint.
• Counterclaim.
• Cross-claim.
• Amended Pleadings.

What documents are considered pleadings?

Pleadings are certain formal documents filed with the court that state the parties’ basic positions. Common pre-trial pleadings include: Complaint (or petition or bill).

What should you not say in a deposition?

10 Things Not To Do in Your Deposition

• Lie.
• Begin an answer with “Well to be honest with you…”.
• Guess and speculate.
• Engage in casual conversations with the court reporter and other people present in the depositions.
• Volunteer information.
• Don’t review documents carefully.
• Lose your temper.
• Don’t take breaks.

Can you refuse to answer a question in a deposition?

In most cases, a deponent cannot refuse to answer a question at a deposition unless the answer would reveal privileged or irrelevant private information or the court previously ordered that the information cannot be revealed (source). However, there are certain types of questions that do not have to be answered.

Can you plead the Fifth in a deposition?

The Fifth Amendment of the United States Constitution and Evidence Code §940 both provide a privilege against self-incrimination. Once a Fifth Amendment privilege is asserted at a deposition, it cannot be waived at trial. …

What questions Cannot be asked in a deposition?

Which Questions Shouldn’t I Answer in a Deposition?

• Private information. You have a right to refuse any questions about a person’s health, sexuality, or religious beliefs (including your own).
• Privileged information.
• Irrelevant information.

Can you be deposed twice?

There are times when someone may be required to participate in a second deposition, but in the State of California, this generally requires a court order. It may happen if there is a new party that is later added to the case after the original depositions were completed.

Can I walk out of a deposition?

You can absolutely walk out, but you must promptly seek a protective order. However, please note that background questions are typically fair game.

Are depositions scary?

Will a lawyer grill you for information? The truth of the matter is that depositions are not nearly as scary as you might think. While depositions can be awkward and there might be some difficult questions for you to answer, if you have a good lawyer preparing you for the deposition, you will be fine.

What is next after a deposition?

After the deposition, the court reporter will create a transcript of the testimonies so the lawyers, judge, and jury have a written document to reference for the information gathered. If your lawyers feel like they did not get enough information from the deposition, they will call more witnesses to be deposed.

How many times can you postpone a deposition?

There are only so many times that a deposition can be postponed. Usually, after two or three times the court will get involved. You should expect a postponed deposition to be rescheduled fairly quickly. There is a lot of money tied up in a deposition, so any hiccups are usually taken care of very promptly.

How long after deposition will they settle?

You should expect at least six weeks for a simple case. However, if anything is contested, it could take longer to reach a settlement if one is reached at all. Negotiations are arguably the most variable stage in a lawsuit, so they often take a long time.