Under the discovery framework, which statement is true?

Under the discovery framework, which statement is true?

• A. True; ordinary civil action discovery rules apply in special proceedings as far as practicable.
• B. False; discovery rules do not apply.
• C. Only interrogatories are allowed.
• D. Only discovery in probate is prohibited.

Answer: (A)

In special proceedings, the civil action discovery framework is brought in with flexibility. The idea is that ordinary civil action discovery rules apply to special proceedings as far as practicable. This means you can use tools like depositions, interrogatories, production of documents, and requests for admissions when they’re relevant, but the court may limit or tailor the scope to fit the nature of the proceeding (for example, probate or guardianship) and the need for efficiency and fairness. So discovery isn’t entirely off the table, nor is it restricted to interrogatories only, and it isn’t prohibited in probate; it’s allowed to the extent practicable.

In special proceedings, the civil action discovery framework is brought in with flexibility. The idea is that ordinary civil action discovery rules apply to special proceedings as far as practicable. This means you can use tools like depositions, interrogatories, production of documents, and requests for admissions when they’re relevant, but the court may limit or tailor the scope to fit the nature of the proceeding (for example, probate or guardianship) and the need for efficiency and fairness. So discovery isn’t entirely off the table, nor is it restricted to interrogatories only, and it isn’t prohibited in probate; it’s allowed to the extent practicable.