Informal discovery is everything you and your spouse exchange voluntarily, without anyone serving formal requests or asking the judge for anything.
The Rules Expect You to Try
Uniform Superior Court Rule 6.4(B) requires counsel for the moving party, before filing any motion seeking resolution of a discovery dispute, to confer with opposing counsel “in a good faith effort to resolve the matters involved,” and to file a statement certifying that the conference happened and that the effort failed. The rule applies to motions to quash and motions for protective order as well. Uniform Superior Court Rule 5.4 goes further and lets the parties hold an early planning conference and submit an agreed discovery plan covering the schedule, what has to be preserved, and how electronic records will be produced.
Agreements Between Lawyers Are Enforceable
Uniform Superior Court Rule 4.12 provides that “[a]ttorneys of record have apparent authority to enter into agreements on behalf of their clients in civil actions. Oral agreements, if established, are enforceable.” So an agreement to swap tax returns and bank statements without formal requests is not just a courtesy.
Until Somebody Denies Making One
In Abrams v. Abrams, 262 Ga. 170 (1992), a Georgia divorce turned on a purported oral agreement that one side said had never been reached. The Georgia Supreme Court reversed the order entered on it, holding that “[b]ecause ‘the existence of the agreement’ is disputed, the oral agreement is not enforceable.”
That is the practical limit of informal discovery. The court’s compulsory process is built around formal requests – Uniform Superior Court Rule 6.4(A) requires a motion to compel to quote or attach the very interrogatory or request at issue. If you never served one, there is nothing for the judge to enforce.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!