Discovery Assigment
pdf
keyboard_arrow_up
School
Liberty University *
*We aren’t endorsed by this school
Course
340
Subject
Law
Date
Feb 20, 2024
Type
Pages
3
Uploaded by yorlli87
Renee Albertson would like to file for divorce on the grounds of adultery in Morgan County Alabama. A discovery plan is needed to gather helpful information to determine if there was an extramarital affair by Mr. Anderson and misappropriated funds on his part. We will need additional information discovered so that the court can make proper division of property and financial marital contributions. Renee believes that her husband Walter is having an affair with his high school sweetheart, Valentina Ferrera. Mary E. Wilson, Family Law for the Paralegal 219 (3rd ed.2016). Walter denies the affair and he claims that he cannot perform sexually, however, Renee is convinced that he is being seen by a doctor who has prescribed him treatment to help him stay sexually active. Renee and Walter own a marital residence whose value is unclear since renovations have been performed by Walter himself. Walter gets social security funds, a salary as a bus driver for a school, he performs "under the table" electrical work for relatives and friends for which he gets paid in cash and he also has a long-term investment portfolio. Walter gives Renee a modest weekly allowance but Renee says she is being kept in the dark regarding their finances and says that Walter keeps his assets separate. She says Walter claims he never has money but he was able to afford a vacation to Aruba and a new Toyota convertible. She found a credit card statement that included purchases at two different jewelry stores as well as purchases at local restaurants. Renee deposits her entire check into the couple's shared joint bank account, and Walter matches her contribution with his Social Security but only about 20% of his driver's salary. Mary E. Wilson, Family Law for the Paralegal
219 (3rd ed.2016). Informal Discovery: Informal discovery may include the expensive process of hiring a private investigator to investigate if the other party is performing work "under the table" or if he is carrying on an extramarital affair. I can consult online resources to establish the value of various marital assets such as boats and motor vehicles. I can also browse sites such as Facebook and match.com to search for his conduct and false representation regarding his marital status.
In informal discovery, interviewing people who are familiar with the couple seeking a divorce, such as family members, teachers, or friends is incredibly valuable. Mary E. Wilson, Family Law for the Paralegal 188 (3rd ed. 2017) (e-book). Perhaps the most straightforward of formal discovery methods is interrogatories wherein written questions are submitted to be answered by the opposing party within a certain specified period, most commonly under thirty days, though this will depend largely on the jurisdiction responsible for the divorce case. Mary E. Wilson, Family Law for the Paralegal 190 (3rd ed. 2017) (e-books). An appraisal is also recommended to obtain the current market value of the marital home. A deposition is another discovery technique we can include for this case where the deponent will be asked important questions under oath, such as: •
What devices do you use to electronically store information? •
Page 3 of your bank statements shows a charge from a local jewelry store, can you tell us who you buy jewelry for? •
Can you tell us how were you able to afford your vacation to Aruba? Formal Discovery Once a complaint has been filed, formal discovery can begin. "Though these methods are typically expensive, time-consuming, and certain guidelines must be followed to ensured their admissibility in court". Mary E. Wilson, Family Law for the Paralegal 190 (3rd ed.2017) (e-
books). We should draft interrogatories requesting that Walter provide us with his income from all sources, bank accounts, retirement accounts, financial liabilities, portfolio investments, recent loan applications and treatments at the physician's office medical expenses, and a request for a Physical or Mental Examination. A request for the production of documents such as electronic copies of bank statements for the last two years, files showing communication between Walter and his mistress Valentina Ferrara, and files from computer programs such as Turbotax.
Unfortunately, as sinners, as we all are, we are tempted to lie and at times deceive others to not loose our earthly possessions, and we forget what is important. "Let no one deceive you with empty words, for because of such things God's wrath comes on those who are disobedient". Ephesians
5:6 (NIV). References: Ephesians
5:6 (NIV) Mary E. Wilson, Family Law for the Paralegal 190 (3rd ed.2017) (e-books)
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help