Motions for protective orders and orders of preclusion are defensive measures frequently utilized by Surrogate’s Court practitioners as a means of curtailing overly broad and/or improper requests for disclosure. Over the past several months, the surrogates in Suffolk, Westchester and Kings counties have had the opportunity to opine on applications seeking this relief.
Tape Recordings
Before the Surrogate’s Court, Westchester County, in In re Palmieri, was a contested probate proceeding in which the respondent sought an order, inter alia, precluding the petitioner from offering evidence on the issue of undue influence, and suppressing use and admission at the trial of the matter of certain tape recordings, as well as derivative materials from the recordings, including copies of the recordings, transcripts thereof, and testimony concerning their contents.
