Family law cases can be complex – whether you’re navigating a case yourself or witnessing a friend struggle through the process. Though most parties can keep their divorce or child custody case to themselves, sometimes third parties may be involved.
A relevant third party may have information related to the case that helps prove – or disprove – a party’s claims. There could be many relevant third parties like doctors, employers, teachers, family members and even friends. When a third party has pertinent information related to the case, it can be revealed during the discovery period.
The discovery period is the fact-finding and evidence gathering process of a case. This is when both parties gather information and evidence to support their claims or defenses. Typically, the parties will serve discovery requests on each other like Request for Production, Written Interrogatories and Request for Admissions. You can read more about these discovery tools ____________.
How to obtain discovery from a Third-Party.
When a third party, a person who is not named in a lawsuit has relevant information, there are a few tools used to unveil that information. We call this Third-Party Discovery. Below are a few of the resources used to gain information from a third-party:
- Oral Deposition – An oral deposition is when a party questions an individual or entity under oath outside the courtroom, with the testimony transcribed by a court reporter.
- Subpoena Duces Tecum – A subpoena duces tecum requires a non-party to produce documents requested by a party in a case.
- Deposition by Written Questions - A Deposition by Written Questions involves sending written questions to a non-party, which must be answered under oath in front of a third-party, like a notary.
Who can receive a request for information as a Third Party?
There may be several individuals or entities that have relevant information that pertains to a family law case. This could include:
Fact Witnesses: Friends, family members, colleagues, or acquaintances may have witnessed behavior or events relevant in family law matters. A sibling may have witnessed a domestic violence incident. A co-worker may have observed a spouse cheating at a holiday party. A parent on your child’s baseball team may have witnessed your spouse drinking at the athletic field.
Employers: Whether parties are going through a divorce or child custody case, income and insurance will be relevant. Employers can provide employment records, pay records, personnel files, and health insurance information that can be relevant to both child support and even spousal support.
Education Records: If custody is in dispute, a child’s education records may play a pivotal role. Records could include report cards, attendance records, medical information, and even information related to a child’s behavior.
Financial Institutions: In a divorce or child custody case, financial records may be relevant. Bank statements, loan information, retirement and pension statements, and even credit card statements may play a significant role in property division or child support.
Police/Sherriff’s Department: If there are any allegations of family violence, police and sheriff’s department records will be crucial. These records could include incident reports, call slips, body camera footage, witness statements, and more.
Department of Family Protective Services: Any allegations of child abuse and neglect are often reported to the Texas Department of Family Protective Services, also known as CPS. These records can certainly aid a family law case when there are issues of abuse or neglect.
The list above is not exhaustive by any means. These are just the most common third parties’ family lawyers send discovery to. Other relevant third parties could be drug and alcohol experts, financial advisors, medical providers, social media companies, phone companies, and even therapist or counselors.
What to do if you receive a Third-Party discovery request?
Receiving a third-party discovery request can be concerning, especially if you don’t fully understand what’s being asked of you or why. It’s important to not panic and handle the situation in a calm manner. Here are the steps you should take if you receive a third-party discovery request:
- Hire or consult with an attorney
Anytime you receive a legal request, the most important step is to contact an attorney. A knowledgeable family law attorney can help you navigate the third-party discovery request. While it may be obvious what the discovery asks for, an attorney can dive deeper into the request. The attorney can help you understand how to best respond and whether there are any valid objections if the request is unreasonable or violates your rights.
It's important to know that you cannot consult with the family law attorney who sent you the request as they represent one of the parties.
- Review the third-party discovery request carefully
It is imperative to carefully review the third-party discovery request. If done correctly, the request should be specific and identify what information is being sought from you and the way the information is sought (document production, written question, or an oral deposition). Make sure that you understand exactly what is being requested and the deadline for responding. If you’re uncertain about any part of the request, an attorney can help clarify for you.
- Gather and timely provide the requested information
If the third-party discovery request is proper, you will need to gather the requested documents, information and/or attend the deposition. You’ll want to ensure that all requested documents are provided, unless you have a valid objection. If an oral deposition is requested, be sure to be on time and bring any information or documents requested, if requested.
It is vital to respond to any discovery request within the timeframe set by the court or law. Failing to comply can lead to financial penalties or even contempt of court.
If you receive a third-party discovery request, it’s important to take it seriously. Do not ignore it. The attorneys at Hunt Law Firm can help ensure your compliance with third-party discovery.