Discovery

In Family Court, discovery is the process for getting information and documents from the other party in the case. Discovery happens before trial. It helps make the process fair because both parties can see what possible evidence the other party has. It is like saying, “Here is what I have to prove my case. Now show me what you have.”

Not everything you get in discovery becomes evidence. Discovery helps you decide what is worth presenting in court. Evidence is what you actually present to the court at trial. In most cases, you must share the evidence you plan to use at trial with the other party before the trial regardless of how you got it. For more information, see our guide on “Evidence.”

Note

This guide applies mostly to child support cases. This is because you typically need permission from the court for discovery in custody, visitation, and family offense cases.

Disclosures are the documents or evidence that each party will give to the court. Examples of disclosures may include:

• Financial documents (like pay stubs, credit card statements, and tax returns)
• Receipts or bills
• Records (like bank, school, or medical records)
• Emails or text messages
• List of witnesses who may testify at trial (see our guide on “Witnesses”)
• Photos, videos, or recordings

Some disclosures are required, like certain financial documents in a child support case. These are known as mandatory disclosures. For example, if you do not provide a form called the Financial Disclosure Affirmation in a child support case, the court may adjourn the case until you provide it. Or, the court may draw conclusions about your finances that are not necessarily true.

Note

In Family Court, the words “discovery” and “disclosure” are often used to mean the same thing.

In custody, visitation, and family offense cases, you typically need to ask the court for permission to conduct discovery. You can do this orally in court or file a written motion. See our “Motions” guide to learn more. You will need to explain why discovery is necessary. In child support cases, you generally do not need court permission for discovery.

Tip

The court may give you a deadline for exchanging information and documents with the other party. Make sure you write this down and meet the deadline.

Usually, both parties exchange information and documents directly with each other. This may happen by email or in person at court. You can also go to the records room at the courthouse to get copies of documents from your case, like petitions, motions, and court orders.

Here are the other ways to get information in Family Court:

A demand to produce is a written request for the other party to hand over specific documents by a certain deadline.

• You must serve, or give, the demand to produce on the other party. This can be by mail or email. You do not have to serve it personally. You must be able to prove how and when it is served.
• You do not need to file this with the court.
• A demand to produce cannot be served on someone who is not a party on the case. This requires a subpoena. (see below to learn more)

Your demand must be clear, specific, and relevant. Relevant means that it is related to the case and helps prove or disprove an important point. For example, instead of asking for “all text messages,” you can ask for “All text messages between Paulo and Maria about school pick-ups from January to April 2025.”

Tip

Keep a copy of your demand. If the other party refuses to comply, you can tell the court. Be ready to show how and when you made the demand and what you asked for.

A subpoena is a document that requires witness testimony or specific documents to be produced in court. You may need a subpoena if you want documents that you or the other party do not have, such as hospital or school records. See our guide on “Subpoenas” to learn more.

Note

Interrogatories (written questions) and depositions (testimony taken before trial) are other types of discovery tools to get information. However, they are not commonly used in Family Court.

You can let the court know at your next court appearance. The court may order the other party to respond to you by a certain time. You can also file a motion to compel. This is when you ask the court in writing to order the other party to hand over information or documents you asked for. The motion usually includes:

• A list of the specific information or documents you asked for;
• When and how you asked for them;
• Why you should have what you asked for;
• A statement that the other party did not provide the documents; and
• What you want the court to do.

If the court agrees that you should have the information, the court can order the other party to give you the information by a certain date.

If the other party does not comply with an order to compel by that date, you can file a motion to preclude. This is when you ask the court to preclude, or stop, the other party from admitting or testifying about evidence they did not provide to you first. The court may adjourn, or postpone, the case to give the other party more time to provide the information you asked for.

To learn more about motions, see our guide on “Motions.”

You can file a motion to quash. This is when you ask the court to cancel, or set aside, a request for discovery. A motion to quash is used most often for subpoenas. You may want to file a motion to quash if the discovery request:

• Asks for information that is private or protected. Examples may include medical records or therapy notes. 
• Is too broad or not relevant. For example, the request asks for too much information or for information that is not related to the main issue of the case.
• Gives a short deadline that you cannot meet.
• Was not served correctly.
• Was not allowed. For example, the court did not give permission for that type of discovery in your case. 

Another option is to object in writing to the other party. For example, you can argue that the request is “burdensome” if the other party asked for documents you do not have, or for records that are old or not relevant. 

Tip

In general, a request for records or documents that go back 3 years is considered reasonable.

Yes. You can act like a detective and try to get information yourself. For example, you can:

• Search online.
• Check the other party’s social media.
• Speak to the other party’s family and friends.
• Look up property records online.
  • If the other party may own property in New York City, you can look up records on ACRIS. This is New York City’s online database for property records, such as deeds, mortgages, and liens.
    
• Look up businesses online.
  • If the other party owns a business in New York State, you can check out the NYS Department of State’s Corporation & Business Entity Database. All businesses in New York State must register with this Department.

Family Legal Care offers free legal information and advice on New York family law and court procedure. Call our Helpline at 212-343-1122 or visit our Get Help page.

This document only provides legal information and should not be considered legal advice. If you are seeking advice, please consult with an attorney. Family Legal Care does not provide people with legal representation and no attorney-client relationship has been established through your use of this document. Family Legal Care encourages all individuals involved with the Criminal and Family Court systems to consult with a lawyer.