Enjoy This Video Podcast Explaining Pre-Trial Discovery in Texas Divorce and Custody Suits with Mark L. Scroggins
Pre-trial discovery in Texas divorce and custody cases is used to investigate, collect, and exchange information used to prove allegations in a divorce or custody case in Texas. There are different forms and types of discovery tools your divorce lawyer uses to represent you in a divorce or custody suit. In this Scroggins Law Group video podcast with Frisco divorce lawyer, Mark L. Scroggins, you will learn about the discovery process and what to expect in most Texas divorce and child custody cases.
Put simply, your divorce lawyer, judge and opposing party use discovery to determine exactly what is there and what needs to be done. From kids to houses and money, discovery is a necessary part of the process of divorcing and determining custody of children.
Mark L. Scroggins is Board-Certified by the Texas Board of Legal Specialization and that is important in high-conflict divorce and custody cases where the discovery process can become complex and involve legal and factual issues regarding the parties, parenting, children’s issues, as well as property and financial matters.
Listen to the Audio or Watch the Full Video Podcast. For Assistance with Pre-Trial Discovery in Texas Divorce and Custody Suits, Call Mark L. Scroggins at Scroggins Law Group at (214) 469-3100. The Scroggins Law Group Team Practices in Collin, Dallas, and Denton County, Texas.
What is Pre-Trial Discovery in a Texas Divorce and Custody Lawsuit?
Production of property and documents in Texas divorce and custody cases is done through requests for disclosures of documents, subpoenas for records, and deposition requests. In some cases, the parties may get the judge to order certain items of files to be made available for the other party to inspect, if, for example, the item is not something that can be easily reproduced.
Exchanging written discovery in Texas divorce and custody suits is done through interrogatories, requests to admit and various disclosures. Written discovery is used to disclose potential witnesses, identify details of the parties? claims in the case, and the location and information about access to property, accounts and any person with personal knowledge of facts and evidence that may be presented.
Giving and taking depositions under oath are audio and video discovery tools in Texas divorce and custody proceedings allows the attorneys to examine the opposing parties to seek additional information, usually about facts and evidence already collected. Being prepared for depositions is vitally important to any divorce or custody case. Normally depositions are recorded with audio and video, and a court reporter is present to take an official record of what was said.
How is Pre-Trial Discovery Used in Hearings and Trials in Texas Divorce and Custody Cases?
Discovery is used to establish the evidence proving the allegations made by the parties in Texas divorce and custody cases. Documentary and testimonial evidence are used to prove facts to support your claims and arguments in hearings and final trials. It is very important to be very involved with your divorce lawyer to help them get exactly what they need to prove your case.
Divorce and custody lawyers in Texas also use discovery documents and information obtained to support or negate the credibility of the parties, as they produce their discovery and make evidentiary statements during the lawsuit.
What is the Client?s Role in Working with their Divorce Lawyer in Discovery Preparation in Texas Divorce and Custody Cases?
Your divorce lawyer can only know what you share with them, and being as honest and thorough as possible is important to the discovery process. Without a complete and accurate disclosure of all facts and information requested, your divorce lawyer cannot help you get what you seek in your divorce or custody suit. For example, if you choose to withhold important information from your divorce lawyer, it might be difficult for them to respond and best-represent you in court. The element of surprise is not helpful in a divorce case, and that is why Mark explains in the podcast that it is very important to be honest and open in the discovery process.
Why is Credibility so Important in a Divorce or Custody Case, and Your Discovery Process
When you answer questions, under oath, in a deposition or a written discovery response, you swear that your statements are true and correct. When one party makes statements in their discovery responses that conflict with testimony or later-produced discovery documents, credibility becomes an issue. As Mark explains in the podcast, once the judge suspects your statements are not credible, and that you are lying, you may be less likely to win what you are seeking.
Not only will the judge weigh the parties’ credibility and their testimonial statements, but they can also find parties in contempt of court and/or refer to the district attorney to consider criminal charges for purgery. As Mark says several times, he can work with bad facts but he can?t do very much with people who lie and are not credible. Mark concludes by reminding us that the truth shall set us free.
This podcast is also available on our Blog Talk Radio channel, Scroggins Law Group Family Law Podcast, episode: Pre-Trial Discovery in Texas Divorce and Custody: Mark L. Scroggins, Frisco, TX