A natural outgrowth of litigation in the Surrogate’s Court is pretrial discovery. Examinations before trial, document production, subpoenas, and interrogatories, are but a few of the inquisitorial vehicles available for obtaining information relevant to a proceeding. Incident to non-compliance with any one of these discovery demands is motion practice. This month’s article will examine issues pertaining to pretrial discovery, and the role of state and federal courts in overseeing its implementation.
Medical Information
During the course of a contested probate proceeding, the petitioner moved to quash certain HIPAA (Health Insurance Portability and Accountability Act) releases executed by the Public Administrator, or alternatively, to limit the time for which the medical records were sought to a period three years prior to the execution date of the propounded will, and two years thereafter, pursuant to the provisions of UCR 207.27.
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