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Discovery

The formal stage of litigation where each side must share relevant information and documents with the other. Anything you’ve written, including journals and messages, may be requested.

What discovery means

Discovery is the formal pre-trial stage where each side must disclose relevant information and documents to the other. It can include written questions, requests for documents, and depositions. The purpose is to prevent surprises at trial by putting the relevant facts on the table in advance.

For a co-parent, the important consequence is that things you have written may be requested by the other side, including journals, messages, emails, and expense records. This cuts both ways, and it is a reason to keep your records factual from the start: write every entry as if a stranger, and the other parent's attorney, might one day read it.

Example: a journal full of calm, dated observations survives discovery well and may even help you. One laced with insults and speculation can be turned against you, because now the other side has it too.

The rules on what must be produced, and any protections that apply, vary by jurisdiction and are a matter for your attorney; the safe habit is simply to document as though your records will be seen.

Related terms

Admissibility
Whether a court will accept a piece of evidence, like a journal, message, or photo, and consider it in a case. Rules vary by jurisdiction and often turn on relevance, authenticity, and how the record was kept.
Affidavit / Declaration
A written statement of facts that you sign as true, often under penalty of perjury, used to put your account before a court. A good contemporaneous record makes drafting an accurate one far easier.
Hearsay
Loosely, a secondhand statement offered to prove what it asserts. Evidence rules around it are technical and full of exceptions, which is one reason what your record can be used for is a question for your attorney.

Keep reading: Are Custody Journals and Text Messages Admissible in Family Court?, or return to the full glossary.

This definition is general information, not legal advice. Terms and their exact meanings vary by state, county, and case; for how this concept applies to your situation, consult a qualified family-law attorney.