Discovery is a process used by parties to obtain information or documents to aid in the preparation of an appeal for hearing.
The primary discovery devices are interrogatories, depositions, requests for admission, and requests for production. Interrogatories are written questions. See
TTR 255. Depositions are oral examinations of witnesses conducted by the parties and not the court. See
TTR 257. Requests for admission are written statements of proposed fact that the opposing party is required to either admit or deny and explain the basis of the denial. See Occidental Dev LLC v Van Buren Twp, MTT Docket No.
292745 (March 4, 2004). Requests for production are written requests to produce identified documents. See
TTR 260.
Discovery can be accomplished through an informal exchange of information and documents between the parties. Discovery can also be accomplished formally as required by orders of the court when the parties are unable or refuse to exchange information or documents. See also
TTR 264.
Formal discovery is prohibited in the Small Claims Division except by leave of the Tribunal. See
TTR 111(3).
Formal discovery is permitted in the Entire Tribunal. However, formal discovery in the Entire Tribunal "shall not be conducted after the completion of the prehearing conference, unless otherwise ordered by the tribunal." See
TTR 270(10).
