How can I prove my case in a West Palm Beach will contest? Using discovery to get the facts.

Uncategorized • Sep 8, 2015

Are you considering filing a will contest in West Palm Beach but you need more evidence? This is not uncommon, the probate court is not going to expect you to walk in on day one with a smoking gun. Do you know how to use the Florida rules of discovery to win your case? Experienced Palm Beach probate litigators know that a good deposition could make or break your case. Check out these four discovery devices that could make (or break) your will contest.

Depositions

You have probably seen one of these on TV before but may not have realized it.
From afar a deposition looks a lot like an interrogation.
You will be sworn in (just like Court) and asked a series of questions on the record in front of your attorney and a court reporter who writes everything down.
Your attorney may object to some questions but usually you will answer them anyway.
Depositions serve a lot of purposes when preparing for a will contest.
Of course they are going to yield information but can you think of anything else?
This is a great way to see how your brother or sister is going to act on the witness stand.
Do they appear trustworthy or are they sweating bullets?
This could spell the difference for the jury!

Requests to Produce

There is a great scene in “My Cousin Vinny” where he goes hunting with the prosecutor to get his hands on the files, meanwhile Marisa Tome tells a young(er) Joe Pesci that he was already entitled to those documents, he just had to ask!
You also have a right to inspect material documents for your West Palm Beach will contest.
You can even ask for copies but you may be charged a copying fee.

Requests for Admission

You also have a right to ask the other party to admit certain facts about the case.
This saves everyone (including the jury) time because those issues do not have to proven at trial.
For example you may want the other side to admit the testator was declared incompetent in 2012.
Now you do not have to have any doctors come and testify or waste the jury’s time admitting evidence to that fact.

Interrogatories

These are written questions directed at a party to a lawsuit.
Unlike a deposition these can only be directed to an actual party of the lawsuit.
These are asked under oath so liars may be subject to perjury.

Do you know how you are going to prove your case to the jury in West Palm Beach?

Experienced Palm Beach probate litigators know a good discovery plan can be as important as a good plan for trial.