Any exploration of the unique nature of the Family Court Civil Rules of Civil Procedure must include a review of Rule 26, regarding the general provisions regarding discovery. In many trial courts, Rule 26 permits parties to gather information through multiple methods such as interrogatories, requests for admission, requests for production and depositions. In addition, discovery of information held by non-parties is possible.
Family Court, however, takes a different approach. Family Court Civil Procedure Rule 26 narrows the forms and manner of discovery available to parties. The Rule states,
While the Court encourages the prompt and voluntary exchange of information and documents by the parties before trial, no formal discovery shall be conducted without Court order following a motion therefore except for depositions of the parties and Requests for Production.
So, under this Rule one party may depose the other party or ask the other party to produce documents, but discovery may not go beyond that without the permission of the Court.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
