Discovery, Evidence, and Document Management in Family Law
Discovery tools
Family law discovery includes interrogatories, requests for production, requests for admission, depositions, subpoenas to third parties, expert disclosures, and mandatory financial affidavits. Seek bank records, tax returns, pay records, retirement statements, business records, text messages, social media, and hidden-asset evidence. The attorney-client privilege and work-product doctrine protect certain materials; a protective order can shield sensitive information. HIPAA and state privacy laws require care with medical records.
Evidence and document management
Authenticate documents and electronic messages before trial. Hearsay exceptions-business records, excited utterances, statements for medical diagnosis, and party admissions-often matter. Preserve metadata and original files. Use a litigation hold; do not delete texts or social posts. Bates-stamp or number exhibits, keep a privilege log, redact nonresponsive information, and track production deadlines.
Worked example
A client screenshots a threatening text but deletes the thread. The screenshot may be admissible if authenticated by the client's testimony and phone records, but deletion risks spoliation. The paralegal should preserve the phone, export the thread, and log the metadata.
Traps
Dumping unorganized records; producing privileged material; failing to redact; missing discovery deadlines; not preserving electronic evidence; using evidence without authentication.