Discovery in a North Carolina Family Case, Explained

Court procedure

Discovery is the formal exchange of information, and it is where contested cases quietly become expensive. Most of that cost is avoidable.

On this page

1. What discovery is
2. Where it gets expensive
3. How to answer well
4. What you do not hand over

What discovery is

Discovery is the formal exchange of information between parties in a filed case. It exists because family cases are decided on facts that one side often holds: account balances, income records, communications, business books. It is not optional once it is properly served, and the deadlines are enforceable.

Tool	What it does	Typical response time
Interrogatories	Written questions answered under oath	Set by the rules; commonly thirty days
Requests for production	Demands for documents and records	Same period as interrogatories
Requests for admission	Statements you must admit or deny	Unanswered requests can be deemed admitted
Depositions	Sworn testimony before a court reporter	Scheduled by notice
Subpoenas	Records obtained directly from banks, employers, schools	Set by the subpoena

The most dangerous of these is requests for admission, because failing to respond on time can result in the statements being treated as admitted.

Discovery is where cases get expensive

Discovery disputes are the second-largest cost driver in a contested family case after contested hearings, and almost all of it is avoidable. Incomplete answers generate motions to compel. Motions to compel generate hearings. Hearings generate fees and, sometimes, sanctions.

Where discovery costs come from

A relative view. The single best cost control is answering completely the first time.

How to answer well

• Answer the question asked, completely, the first time.
• Produce documents organized by category, not as an undifferentiated pile.
• Say so plainly when something does not exist, rather than leaving a blank.
• Tell your lawyer about the harmful document before the other side produces it.
• Never destroy or alter anything. Spoliation turns a bad fact into a credibility finding.

What you do not have to hand over

Discovery is broad but not unlimited. Communications with your attorney are privileged. Requests can be objected to as irrelevant, overly broad, unduly burdensome or intended to harass, and a protective order can limit how sensitive material is used. Those objections have to be made properly and on time, which is another reason deadlines matter.

The cheapest discovery response is the complete one. Every round after the first costs more than the one before.Christopher Adkins, Adkins Law

Frequently asked questions

Do I have to answer discovery?

Once it is properly served in a filed case, yes, subject to proper and timely objections.

What happens if I miss the deadline?

Objections can be waived, requests for admission can be deemed admitted, and the other side can move to compel with fees.

Can they get my bank records?

Yes, through requests to you or subpoenas to the institution, subject to objections about scope and relevance.

Are texts with my lawyer discoverable?

Communications with your attorney for the purpose of legal advice are privileged. Communications with everyone else generally are not.

Answer once, completely

Adkins Law prepares discovery responses that close the issue instead of inviting a motion. Call or text if you have received requests with a deadline.

Call Adkins Law (704) 274-5677Text (704) 231-5762Request a consultation

Adkins Law, PLLC · 9620 Sherrill Estates Road, Huntersville, NC 28078 · Calling or texting does not create an attorney–client relationship.

Keep reading

• How a family case works
• Equitable distribution
• Child support
• FAQ

About the author: Christopher Adkins

Chris Adkins is the founder of Adkins Law, PLLC in Huntersville, North Carolina, a certified mediator with the North Carolina Dispute Resolution Commission, a parenting coordinator, and the author of The Book on Divorce in North Carolina. He previously served six and a half years as a Charlotte-Mecklenburg police officer and served as a Combat Engineer officer in the North Carolina Army National Guard and U.S. Army Reserve, deploying to Kuwait in 2012–2013.

Read the full profile · Request a consultation · (704) 274-5677

This page provides general information about North Carolina law for educational purposes. It is not legal advice and does not create an attorney–client relationship. Statutes, court rules and local practice change, and the outcome of any case depends on its own facts. Speak with a licensed North Carolina attorney about your situation. Written by Christopher Adkins, attorney at Adkins Law, PLLC, Huntersville, North Carolina.