Discovery & Depositions in Colorado

Summary:  If the other party is not disclosing income or assets, you can use formal discovery tools to catch them. Usually each party to a family law proceeding is knowledgeable about the other party’s finances. It is almost impossible to hide money or income. Nondisclosure and misrepresentation can usually be caught by using formal discovery. Attorney fees are usually assessed against the one who fails to disclose.

Discovery and Depositions in Colorado

If the other party is not adequately or truthfully disclosing assets and/or income, formal discovery tools can be used to flush out the truth.

A deposition can be used to orally examine either party (or any witness).  The advantage of an oral deposition is that often the truth can be found through skillful questioning.  The questioner (an attorney) should be much more skilled that the party being examined.

Similar questions can be prepared where the other party must answer in writing and must provide copies of additional documents.  These are called interrogatories.

Additionally, bank records and investment account records can be obtained independently through the use of a subpoena duce tecum.

In a divorce or other family law matter, each party is generally familiar with both parties’ finances. This makes it difficult to hide money or income.

Attorney fees often are (and should be) assessed for the failure to disclose.

Lack of proper disclosure is 1 of 3 primary reasons that mediation and negotiation fails and a court hearing must be held.  It is costly to both parties.  It is particularly costly for the party who fails to disclose or misrepresents.