ESTATE DISCOVERY, DEPOSITIONS & WITNESS APPEARANCES
All litigation procedures may ultimately require "discovery," which is the demand, examination and exchange of information and documents, including sworn deposition testimony and written interrogatories. Estate disputes are no exception.
The rules of discovery can be complicated and require a knowledge of the Surrogate's Court Procedure Act (SCPA), the Uniform Court Rules as well as the Civil Practice Law and Rules (CPLR) and any other applicable statute.
Surrogate's Court discovery actions that Executors and Administrators are commonly involved in are
SCPA 1404 proceedings
SCPA 2103 proceedings and
SCPA 2211 proceedings.
All litigation procedures may ultimately require "discovery," which is the demand, examination and exchange of information and documents, including sworn deposition testimony and written interrogatories. Estate disputes are no exception.
The rules of discovery can be complicated and require a knowledge of the Surrogate's Court Procedure Act (SCPA), the Uniform Court Rules as well as the Civil Practice Law and Rules (CPLR) and any other applicable statute.
Surrogate's Court discovery actions that Executors and Administrators are commonly involved in are
SCPA 1404 proceedings
SCPA 2103 proceedings and
SCPA 2211 proceedings.