What Are the Key Factors Courts Consider When Granting Motions to Compel?

What is the Discovery Process During Arizona Divorce Proceedings?

During an Arizona divorce case, certain steps must be followed. Among these steps are the discovery process and disclosure. Discovery and disclosure are the legal processes in which both spouses exchange vital information about their assets, income, debts, and other relevant facts to the divorce proceedings. The discovery process is meant to help ensure that both parties have all the necessary facts to effectively negotiate and litigate spousal maintenance (also known as alimony), child support, child custody, and the division of marital assets. Essentially, discovery is the information-gathering stage of divorce cases. In most situations, information from the last three to five years is requested. This can be a time-consuming process, one that we recommend you retain professional legal counsel for.

If your divorce is civil, the discovery process may pose no problems. But what about contested divorces?

During the discovery portion of your divorce case, it is possible that your soon-to-be ex-spouse may refuse to comply with disclosure requests. There are several legal tools that you and your attorneys may decide to implement to obtain the information you require from your spouse. Among the legal methods available to you include Requests for Production of Documents and Motions to Compel.

What Are Mandatory Disclosure Documents?

In the state of Arizona, both spouses are required to provide the other spouse with specific information, known as disclosure. This is the first step before the discovery process. The requirement of disclosure helps ensure that both spouses understand the extent of marital assets, outstanding debts, income, and information relating to child custody.

The following are typically required documents included in the disclosure process:

A thorough accounting of all personal property, real estate, and valuable assets.
Detailed list of debts.
Insurance policy statements related to life insurance, health insurance, and disability insurance.
Leases, deeds, and promissory notes.
Pay stubs or other evidence of earned income for the current year.
Periodic bank statements and statements relating to savings accounts and investment accounts.
Tax returns from the past three years.

What Tools Do Family Law Attorneys Utilize During Discovery?

During the discovery phase of the divorce proceedings, our family law attorneys can use several legal tools to help your case.

These include:

Interrogatories: questions in written form that must be answered under oath.
Request for Production (RFP): requests for specific documents such as retirement account statements, bank account statements, and property deeds.
Depositions: questioning of the other spouse under oath, typically recorded by a court recorder.
Requests for Admission: express requests to the other spouse asking them to admit or deny specific facts.
Subpoenas and Motions to Compel: court orders to produce documents or testify.

What is a Request for Production of Documents (RFP)?

You can use a Request for Production of Documents to ask for, review, and copy relevant documentation in your spouse’s possession. An RPF can only be issued by one of the spouses involved in the divorce case. Requests for Production of Documents cannot be used to discover information held by a third party. To obtain information from a third party, a subpoena must be served.

There is no limit to an individual’s demands for document production, but courts ask that you be reasonable. You cannot request so many documents that the request would be considered burdensome, embarrassing, oppressive, and needlessly expensive.

In many divorce cases, a request for production goes hand in hand with interrogatories.

Does a Person Have to Respond to a Discovery Request to Produce Documents?

Under Arizona family law, the recipient party has a little over a month to respond to any Request for Production. If the party fails to do so, a Motion to Compel may be filed against them. A Motion to Compel is a court order that forces an individual to comply within a certain time frame or else face hefty fines and other potential penalties.

What is a Subpoena Duces Tecum?

A subpoena duces tecum is the technical term for a subpoena that produces evidence in family law cases. These subpoenas may be issued to third parties, such as banks or witnesses, requiring them to submit documents or attend a courtroom hearing.

What is the Difference Between a Request for Production and a Motion to Compel?

A Request for Production of Documents is a motion in which one spouse requests that the other spouse provide relevant documents to their divorce case. A Motion to Compel, on the other hand, is a court order requiring the party to respond to whatever they have failed to respond to before the time limit has run out.

A Motion to Compel may follow a lack of response to a Request to Produce.

What May Influence the Court to Consider Granting a Motion to Compel in a Family Law Case?

If your ex-partner is not complying with your requests or the discovery process, you may ask a family law judge for relief through a Motion to Compel. Family law judges have the authority to order the other party to produce relevant documentation and to do so within a certain period of time. If your spouse refuses to comply, even after being ordered by the court, a judge can find the spouse in contempt of court and issue several different types of punishments.

The discovery process is governed by a specific set of rules, including strict timetables for the parties to issue requests and responses. If one spouse is uncooperative during the discovery phase and does not respond to requests for production in a timely manner, a judge may deem it fit to order a Motion to Compel.

Schedule a Consultation with Our Experienced Family Law Attorneys Today

Divorce is one of the most legally complicated and emotionally difficult matters that any of us might ever be forced to contend with. When going through divorce proceedings, it is highly recommended to retain professional legal counsel from experienced family law attorneys. Our legal team has years of experience representing clients in complex family law matters and we would be proud to lend legal assistance to you during this difficult time. As your legal representatives, our lawyers will remain by your side throughout the entire divorce process.