Discovery During Divorce: Rule 16.2 & You Part 2

Our first article in this series focused on Mandatory Disclosures. In Part 2 of our Discovery During Divorce Rule 16.2 series, we focus on other types of information you may seek or need to disclose.

Of course, parties to domestic relations cases always owe each other and the court a duty of full and honest disclosure. C.R.C.P. 16.2(e)(1). Fortunately, in addition to the required Mandatory Disclosure documents, parties in divorces also have some guidance where it comes to seeking additional disclosure. Rule 16.2 provides for a variety of other methods to obtain information in a divorce.


Parties are permitted to depose each other. This means that your lawyer has an opportunity to ask your spouse questions. Of course, your spouse’s lawyer can also ask you questions. Depositions typically occur at attorney’s offices and are conducted in front of a court reporter. Depositions are considered testimony, and a deponent is sworn in. The court reporter creates a transcript that the deponent will review and sign. Read more about what happens at a deposition.

In addition to depositions of the parties themselves, parties can request that non-parties be deposed. For example, a party may want to depose a significant other, a nanny, grandparents, and other people who may have information relating to the children. Or, a party may want to depose their spouse’s business associate(s) or employees.

Depositions are powerful tools to obtain information. The transcripts can be extremely powerful at subsequent hearings if your spouse suddenly changes his story.

Discovery Requests

Serving discovery is another powerful tool parties can utilize to obtain information in a divorce. Parties may serve pattern interrogatories and requests for production of documents. Pattern requests include information that is most sought in a divorce case. The interrogatory requests require your spouse to answer questions in writing. The requests for production of documents require your spouse to provide you with more documents than are required with the mandatory disclosure.

In addition to the pattern requests, a party can serve 10 additional interrogatories and 10 additional requests for production of documents. This means that a party can tailor specific requests based upon the needs of the case. If a party wants to serve more than 10 additional interrogatories and requests for production of documents, this can be done only with the permission of the Court.

Often, discovery requests seek information that is stored electronically. You may seek text messages, emails, social media postings, or photos. It is important to request native format files for electronically stored information. The native file format allows for additional analytics which allow a party to see data that is otherwise not visible. For more information on the electronic discovery process, review this blog post.

While the above is in no way inclusive of all discovery issues contemplated in Rule 16.2, it is the most common way to seek additional discovery in a divorce. Mastering discovery ensures the best possible outcome in your case. Our family lawyers can help you navigate the process.  Contact us to schedule a consultation. 

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