Discovery or disclosure refers to legal devices that allow a party to elicit information from the other side so as to prepare for trial. In general, Discovery is a matter of right and permission of the court is not required. However, the law is different in Landlord-Tenant Summary Proceedings (Non-Payments and Holdovers). There, permission of the court to take limited discovery must be obtained. Ample need is the standard. Courts favor discovery in non-primary residence holdover cases, but courts are often reluctant to grant discovery in non-payment summary proceedings.
Once the right to limited discovery has been ordered, one party will often hold a deposition of the other. At a deposition, questions and answers, under oath, will be asked verbally before a stenographer. Other discovery devices include Interrogatories, where questions and answers are in writing. A Notice for Discovery and Inspection requires a party to produce relevant documents. The information sought must be material to the parties’ case or that of the defense. Usually, after discovery has been completed, the matter will proceed to trial.