Court Procedures / Evidence / Service

You asked if you have to give the abuser’s lawyer your medical records. In general, during a court case, either party may be able to request documents and evidence from the other party to prepare for trial. Either party may be able to request that the other party answer a list of questions and turn over copies of relevant documents. This is often known as requesting “discovery.” In many states, this is allowed so that there aren’t any big surprises that come out during trial and so that both parties have an opportunity to consider the evidence the other party has and think about settling before going to trial.

Generally, discovery is not required in civil or family court cases, but in most states, either party still has the right to request it. Generally, if a party requests discovery and documents from the other party, that other party has an obligation to provide answers to the questions asked and copies of the documents requested to the best of their ability. If a party believes the documents requested or the questions asked are not relevant to the case, they may be able to object and refuse to provide that information. You may want to speak with a lawyer in your state if you have been served with a request to provide documents to the other party. A lawyer may be able to advise you about what you are required to provide or if there is a process in your state to object to the other party’s request. You can find legal resources in your state, some free or low-cost if you qualify, on our Finding a Lawyer page. You can also find information about custody laws in your state on our Custody page.