In divorce, it is important to know all of the pertinent information before proceeding to trial or attempting to settle. Acting before you have an understanding of the facts of your case can damage your efforts to get all that you deserve. Learn about how subpoenas, requests for production and requests for inspection of places or things can get you and your attorney the information you need to proceed in your divorce case.
Acting before you have an understanding of the facts of your case can damage your efforts to get all that you deserve.
A subpoena is a court order directing parties and witnesses to appear at a certain time and place, or to appear with documents at a certain time and place, or simply to produce the documents at a certain time and place. Simply put, a subpoena is a very effective way to obtain documents.
The primary drawback of a subpoena is that it must be personally served upon the person or the custodian of records that are being sought. This may become time-consuming if that person attempts to evade service. Additionally, there will be costs for service on the individual, which are usually payable to a process server.
Request for Production of Documents and/or Inspection of Places or Things
A Request for Production of Documents and/or Inspection of Places or Things is an effective means of discovery. It permits your attorney to obtain documents from a party to the action, or to inspect places or things (for example, real property, art collections, stamp collections, etc.).
If one party cannot obtain the other party’s permission and/or cooperation in their need to appraise assets, this procedure often comes into play. Similarly, a request can be served on the other party to provide documents or access to documents.
Advantages of a Request
A Request for Production of Documents and/or Inspection of Places or Things is an inexpensive means to discovery, but it is limited to the involved parties. A subpoena allows you to access documents and things belonging to any other person or entity.
The time limitations are much stricter for a request for production of documents than they are for subpoenas. Whether documents are produced in this matter or by subpoenas, time has to be spent reviewing and analyzing them.