Oklahoma Discovery Process

What is the Discovery Process in Oklahoma?

Under 2023 Oklahoma Statutes, Title 12. Civil Procedure, §12-3226, the discovery process allows both parties in a divorce to pursue information from the other. Each party has the right to obtain information concerning any matter related to the claim. Under the law, the other party is required to provide the requested information. This information can then be used to prepare for a hearing, trial or negotiation in the divorce process.

The discovery process is critical, as it allows each spouse to gather accurate and comprehensive information relating to the other. It can be applied in most divorce cases and in protective orders, paternity, and guardianship decisions. Without the discovery process, a person would enter a courtroom without valuable information that could impact their decisions, desires, or rights.

Types of Discovery in Oklahoma Divorce

In the discovery process there are several methods available to exchange information. Your divorce attorney will help you determine which divorce discovery method will serve your needs and most benefit your situation. The following are some of the most common discovery requests you may encounter in family law cases.

• Interrogations: In this method, one party submits written questions to the other party. All questions must be answered and written down. This includes requests to produce documents or specific evidence related to your case.
• Depositions: A deposition is a type of testimony. A person must provide answers to questions or share information under oath. This is recorded in a meeting, typically outside of the courtroom.
• Request for admissions: A request for admission is a request from one party to the other to admit that certain, specific facts are accurate.
• Request for production: A request for production of documents is a request from one party to the next to provide specific records related to the divorce, such as bank statements, which may then be used in divorce proceedings for property division or alimony.

One of the more common methods used in discovery is interrogatories—that can be performed in both oral and written form. Your family law attorney will help prepare you for the discovery phase by reviewing interrogatories.

Requests for additional information or questions related to discovery may also be asked. But before you answer them, confirm with your attorney that you are legally required to do so. Then, with the assistance of your family law attorney, properly respond, in order to minimize any negative impact or fallout on your case.

What Are Interrogatories?

Interrogatories are a list of questions used to gather important information needed for divorce preparation. Often, a standard form of interrogatory will dissolve a marriage while clearing up any confusion for both parties involved. Standard interrogatories will pose a range of questions based on:

• Finances
• Residences
• Employment
• Marital relationship questions

Before entering into a situation where you could be asked to answer these questions, it is always advisable to work with a law firm for legal advice on your responses and their delivery.

What Are Interrogatories Used for in Divorce in Oklahoma?

This requested information helps with decisions concerning the ending of the marriage. For example, the financial information you share can help determine whether you should be required to pay spousal support. It also helps to formulate decisions in regard to child support or property division.

It is common for both parties to use these discovery tools to gather evidence and information detailing:

• Marital Property
• Assets
• Debts
• Income
• Liabilities

and other factors that could influence the decisions made during the divorce.

In some situations, you may be asked non-standard questions. These questions cannot be used to harass the other party, and if determined that they are, your attorney should be notified immediately. It is possible to file an objection to any of the questions you are asked, if you feel they are irrelevant or harassing.

Remember that you must answer all these questions truthfully under the penalty of perjury.

What Types of Questions Are Typically Included in Divorce Interrogatories?

Many times, divorcing spouses believe they know everything about the other person. Yet, there may be hidden details, or you may not be completely aware to the full extent of the answers. The questions asked are meant to disclose the unknown. You can expect questions like the following to be a component of the discovery process:

• What your full name, address, and date of birth are
• What are all places of employment in the last three years
• What is your position, job title, or business ownership status
• What is your current gross and net income during each pay period
• Do you own any real estate assets? If so, what did you pay for it, and what is the current market value?
• Are you a part of any corporation, association, or partnership, or have you been in the last three years?

The questions will extend beyond this list and are likely to include inquiries into your business ownership, finances, debts, or any aspect related to your division of assets in the divorce.

What Questions Can You Not Ask in a Divorce Interrogatories?

The only questions allowed are related to the facts related to the marriage or divorce. For example, you cannot ask the other spouse anything regarding their emotional state or inquire on matters of suspected infidelity during the marriage.

Can You Refuse to Answer Interrogatories?

If you do not want to answer any questions, start by conferring with your divorce attorney about the reason. No matter how much you wish to keep specific information private, it is often detrimental to your situation—since punitive measures can be taken in most cases.

If it is a subject like tax returns or personal property, your attorney will discuss potential ways to supply that information to the opposing party. However, there are situations in which you are not compelled to share information, including information not directly related to the case.

Note that both parties should complete the discovery clearly and thoroughly. If a party does not supply the requested information, a judge may compel them to do so. If the party fails to do so at that point, the court may order sanctions on that individual. Sanctions are a type of punishment that can impose significant hurdles in your case. That may include restricting your ability to present evidence in the case. In some situations, which could mean that the judge prevents use of documents to support your claims, and, additionally, the judge may not allow your testimony to be heard.

Why Work With Cordell & Cordell’s Oklahoma Divorce Lawyers

Regarding life decisions and family law issues, you need an attorney you can count on to represent you. With over 30 years of experience, Cordell & Cordell has helped thousands seek favorable outcomes in divorce and custody cases. You can trust our team to provide comprehensive information and resources around your case.