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.

Click here to schedule a free 15 minute telephone consultation for more information and to discuss your Surrogate's Court discovery issue.



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Disclaimer: These codes may not be the most recent version. I make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to any other site. Please check official sources.

New York
Surrogate's Court Procedures Act
§ 2211 Voluntary Account; Proceedings thereupon

1. On the return of process issued as prescribed in the preceding section the court must take the account, hear the proofs of the parties respecting it and make such order or decree as justice shall require.

2. The fiduciary may be examined under oath by any party to the proceeding either before or after filing objections, if any, to the account, as to any matter relating to his or her administration of the estate.  The party conducting such examination shall be entitled to all rights granted under article thirty-one of the civil practice law and rules with respect to document discovery, regardless of whether such examination takes place before or after such party files objections.


​Disclaimer: These codes may not be the most recent version. I make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to any other site. Please check official sources.