What is discovery in divorce?
Discovery is the procurement and exchange of documents and information in a case so that both parties accurately depict the income, assets, and other information that assists with either settlement or trial of the matter. The Court sometimes appoints a discovery master due to complex discovery issues, especially in family law cases. The Court’s purpose in appointing a discovery master is to conserve judicial resources and to streamline discovery issues that arise in complex cases. Further, the appointment of a discovery master prevents parties from filing numerous motions or applications with the Court on discovery issues, thereby conserving counsel fees.
Although the discovery master’s role is advisory only, the master’s recommendations may be highly influential in some circumstances, and the trial judge will consider the recommendations when deciding on issues about discovery. Moreover, a Court has the authority to appoint a discovery master of its own volition, even if either party makes no application for one. If your spouse refuses to comply with discovery requests and the discovery is complicated, you should consult with your attorney on whether an application should be made to the Court to appoint a discovery master.
