- 1). Determine what kinds of records you need. If you are a pro se divorce litigant, it is important for you to determine what the contested issues are in your divorce. If the distribution of property or alimony is an issue, you will likely need records of financial assets, bank accounts, investment accounts, property records and employment history, including salary. If custody of marital children is an issue, you likely will need copies of report cards, medical records and day care records.
- 2). Determine who the custodian of relevant records is and whether they require a subpoena. Often, you will have legal access to records required in a divorce proceeding and will not need to go through the cumbersome discovery process. Information pertaining to bank or investment accounts in the name of both spouses can be obtained directly from the relevant financial institutions, while information about the educational progress of marital children can be obtained from the child's school without a subpoena.
- 3). Attempt informal discovery. The formal processes of discovery can be time-consuming and expensive. Many attorneys will agree to conduct "informal discovery," in which each side voluntarily will turn over relevant documents in their possession. However, state rules of civil procedure do not typically have rules mandating parties to engage in informal discovery. If you are proceeding as a pro se divorce litigant but your spouse has retained an attorney, that attorney does not have to turn over important records willingly. The attorney may force you to go through the formal discovery process.
- 4). Fill out a subpoena duces tecum form. A subpoena duces tecum, called a "request for production of documents and things" in some states, is a formal request for the other party to produce relevant records to your divorce proceeding. A subpoena duces tecum form is typically short, one or two pages long, and requires you to fill out the names of the parties, what records must be produced and the name of the party who is in custody of the records. The website for your state's court system or your local clerk of court typically will provide the form.
- 5). File your subpoena with the clerk of court. Check with your local clerk of court to determine the proper method for filing.
- 6). Serve the custodian of the records with notice of the subpoena. Typically, your county's sheriff's office will charge a small fee (less than $20) to serve the other party with notice of a subpoena.
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