Understanding Discovery in Family Court: Tools, Samples, and Strategy

In family court, you can’t just rely on accusations or gut feelings, you need evidence. That’s where discovery comes in.

Discovery is the formal legal process where both parties can request and exchange information before a court hearing or trial. If you’re going through a divorce, custody battle, or support dispute in California, discovery is how you uncover facts, documents, and testimony to support your claims or defend against accusations.

Whether you’re self-represented or working with an Attorney or Legal Document Assistant (LDA), understanding the tools of discovery, and how to use them effectively is key to building a strong, credible case.

This article breaks down the most commonly used types of discovery in family court, explains how each works, includes sample questions, and outlines the procedural steps for holding a deposition (even if you’re not represented by an attorney).

What Is Discovery?

is the formal process where parties exchange information and evidence relevant to the case. This helps both sides understand each other's claims and prepare for trial or settlement negotiations. Discovery allows you to:

• Obtain relevant documents

• Ask written questions the other party must answer under oath

• Request admissions to narrow issues

• Take sworn testimony from the other party or witnesses

The primary goal of discovery is to prevent surprises at trial and encourage settlement by revealing the facts of the case early.

1. Form Interrogatories

What it is: A pre-approved, court-created set of questions that you can serve without court approval. These questions are standardized and cover a wide range of topics like income, expenses, assets, debts, and custody issues.

Best for: Quickly gathering basic financial and case-related information from the other party.

Sample Questions:

• “State your current gross monthly income and identify all sources of that income.”

• “List all of your current bank accounts, including the name of the institution and current balances.”

How to Use:

• Serve by mail with a proof of service

• The responding party has 30 days to respond

• Answers must be signed under penalty of perjury

2. Special Interrogatories (Custom Written Questions)

What it is: These are custom-written questions tailored to your specific case. You can ask up to 35 questions, unless you attach a declaration for additional questions.

Best for: Getting detailed explanations, timelines, or clarification on specific claims made by the other party.

Sample Questions:

• “Describe in detail the circumstances under which you claim I failed to comply with the court’s custody order dated March 3, 2023.”

• “Identify all witnesses you intend to call at the upcoming evidentiary hearing regarding child support.”

How to Use:

• Write each question clearly and narrowly

• Serve via mail with a proper proof of service

• Response deadline: 30 days

3. Request for Production (Demand for Documents)