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Nevada Divorce: Understanding Discovery

When couples divorce in Nevada, there are numerous legal and procedural steps that attorneys help to navigate. One term that you may frequently hear and read during a divorce is “discovery”. Discovery is the process in which parties to a lawsuit gather documents and information relevant to each other’s legal claims and defenses.

The discovery process exists to give both parties their due process right to notice of the allegations they are facing at trial since their legal rights are subject to restriction or limitation by a court. Nevada Rule of Civil Procedure 16.2, which governs discovery rules in divorces, allows for several forms of discovery:

Disclosures—All parties to a divorce are obligated to provide the court and each other with comprehensive financial disclosures that include all property, income, earnings, debt, retirement, insurance, and tax returns. These contain critical information that courts rely upon.

Also, parties are required to provide a list of expert and non-expert witnesses who may be called to testify at trial and a brief description of their expected testimony. Failure to respond to disclosures can result in losing the ability to call witnesses at trial.

Interrogatories—These are written questions that one party sends to another party, seeking the legal theories and facts that the other side intends to present at trial.

Admissions—This is an extensive set of statements that parties send to each other, asking the opposing party to “admit” or “deny” the statement. This is intended to whittle down the contested facts and issues before trial. A failure to respond to admissions results in the court treating the damning statements as if they were admitted to.

Depositions—Attorneys can ask questions of parties and witnesses outside of a courtroom. These questions are taken under oath, are recorded by a court reporter, and are admissible as if they were trial testimony.

Requests for Records (Production)—A party can ask for records or documents relating to the issues that may arise at trial. This is in addition to the mandatory financial disclosures.

Your family lawyer will need your assistance when it comes to responding to discovery. It is critical to provide timely, thorough answers to your attorney’s questions so that your attorney can respond on your behalf. Failure to do so can have serious repercussions on the outcome of your divorce proceedings.

Viloria, Oliphant, Oster & Aman L.L.P. is Here for You

Viloria, Oliphant, Oster & Aman, L.L.P. is a full-service law firm, providing high quality family law representation. If you are facing the end of your marriage and need legal advice or representation, contact us. Our attorneys are smart, hard working professionals who focus on the individual needs of our clients. We will listen to you and provide you with highly effective advocacy. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 227-2280 to schedule a consultation or contact our office through our website.

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