As a discovery referee in family law matters, I often come upon issues where opposing counsel does not think the Discovery Act applies to their proceeding. They argue that it is not necessary to make a diligent search and a reasonable inquiry when producing documents because everything is informally provided or that they don’t need to respond to the interrogatories because opposing counsel has all the information he needs because they talked about it on the phone three weeks ago. My favorite argument was that the rules of evidence do not apply to family law. These misconceptions are due to the fact that there is a lot of informality in family law between the parties and between the parties and the court.
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