Discovery Timeline

When can I expect opposing party’s counsel to begin discovery ahead of an April 30th custody hearing? What documents are requested in a standard discovery? We were never married and have never lived together.

Not all parties choose to do discovery. If your opposing party intends to do formal discovery and there is a permanent custody trial on 4/30/20, then you could expect to be served with formal discovery at any time between now and the end of February. The closer you get to the trial date, the less likely it becomes that you will be served with formal discovery.

You can expect interrogatories (written questions and answers), request for production of documents (e.g. pictures, medical records, resume, etc.), and/or depositions (spoken questions and answers similar to a trial and documented by a court reporter).


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Just want to respond to this for future readers who might find themselves in a similar situation in Johnston County:

I consulted with an attorney recently and was told that attorneys here in Johnson County rarely do discovery. She didn’t recommend I bother with it, maybe in part because I have a lot of actual evidence. The opposing party’s attorney is Nicki Sanderson with Woodruff Fortner and this attorney said she never does discovery.