Disclosure is not permitted as of right in special proceedings (with the exception of a notice to admit). To obtain disclosure in a special proceeding, a party must make a motion under CPLR 408 and show “ample need” for disclosure. This test is somewhat amorphous. What do courts look for when a motion for disclosure under CPLR 408 is made?

This CLE course is intended to give you a brief overview of the standards that various courts have applied to determine if disclosure will be ordered under CPLR 408.