Discovery is the formal process for obtaining information and evidence from the other party or third parties before trial. In Arizona family law, mandatory Rule 49 disclosure is the foundation. On top of that, the parties may use interrogatories, requests for production, requests for admission, subpoenas, depositions, expert reports, and motions to compel when informal disclosure is not sufficient.

The purpose of discovery is to prevent trial by surprise. Both sides should understand the financial picture, the parenting history, and the documentary evidence well before the case goes to a judge.

Discovery should be proportional to what is actually at stake. A high-asset divorce, a business valuation dispute, a hidden income case, or a serious contested parenting situation calls for more robust discovery than a straightforward uncontested case.

Failure to disclose, failure to respond to discovery, and destruction of evidence all have serious consequences under the Arizona Rules of Family Law Procedure.