Family Law Tip of the Week

By Mag. Kimberly Dean Mattingly, Marion Superior Court

Discovery is no longer paper-based, either!
 
Check out T.R. 26 (A.1) below for the latest on issuing and responding to discovery. Long-timer’s tip: Regardless of the format, never EVER send out your client’s discovery responses without thoroughly reviewing them first. Edit out the snark that invariably creeps into an ex’s interrogatory answers, and don’t let your client claim that they have $100,000 worth of household goods in their possession (unless of course they are named Simon, Hulman or Hilbert).

Rule 26. General provisions governing discovery
 

1. Discovery methods. Parties may obtain discovery by one or more of the following methods:
   1. depositions upon oral examination or written questions;
   2. written interrogatories;
   3. production of documents, electronically stored information, or things or permission to enter upon land or other property, for inspection and other purposes;
   4. physical and mental examination;
   5. requests for admission.

 
Unless the court orders otherwise under subdivision (C) of this rule, the frequency of use of these methods is not limited.
 
1.1 Electronic Format. In addition to service under Rule 5(B) or a .pdf format electronic copy, a party propounding or responding to interrogatories, requests for production or requests for admission shall comply with (a) or (b) of this subsection.
 

1. The party shall serve the discovery request or response in an electronic format (either on a disk or as an electronic document attachment) in any commercially available word processing software system. If transmitted on disk, each disk shall be labeled, identifying the caption of the case, the document, and the word processing version in which it is being submitted. If more than one disk is used for the same document, each disk shall be labeled and also shall be sequentially numbered. If transmitted by electronic mail, the document must be accompanied by electronic memorandum providing the forgoing identifying information. OR
2. The party shall serve the opposing party with a verified statement that the attorney or party appearing pro se lacks the equipment and is unable to transmit the discovery as required by this rule.

Stay tuned for a new tip next week!

If you would like to submit content or write an article for the Family Law Section page, please email Kara Sikorski at ksikorski@indybar.org.