Difficult Discovery: Real Estate Dispute Inquiries And Objections In New Jersey And New York
This article covers
- Rules regarding refusal to comply with a real estate discovery request
- How to override refusal to comply with real estate discovery
- New Jersey interrogatories particularities in real estate law cases
Can A Party Refuse A Real Estate Law Discovery Request?
While you can refuse to comply with discovery, which would have to be done in the form of an objection, you would have to set forth a reason for not providing that information.
Then, if a party does not agree with the objection you set forth, they can make a motion to compel. That is to say, ask the court to force a side to provide that information.
To make a motion to compel, you also have to set forth why, according to the law, it should be allowed and your reasoning as to why it is important to prove your case.
Are There Any Specific Rules For Discovery In Real Estate Law In New Jersey?
Most states have specific rules which you will need to understand and comply with. New Jersey, for example, actually has form standard interrogatories that you have to answer to represent your tax appeal. Municipalities are only allowed to request 10 more interrogatories; if they want to go beyond that, they have to ask the court for permission. In that sense, it is a highly tailored experience here.
The standardization also makes it hard to object. You cannot easily object to the standard form interrogatories because the court reviewed them and said that those are necessary questions. Mostly daily obvious or fundamental information such as leases, income and expense information, or information about the property such as the square footage and sale or leasing efforts.
What About New York?
For New York, on the other hand, when you file at the first level, which is to the board of assessment review for each municipality, they can ask for information right after your appeal. This leaves only a short turnaround time to provide responses in order to even have the right to maintain your appeal at the court level. Though the requests will be for similar information, notably leases and some expense information, property information, and sale or leasing efforts.
Why You Should Not Tackle Property Tax Law On Your Own!
The nuances between states and the difficulties faced during discovery are two excellent reasons to make sure your property case is being handled by experienced experts in the field.
With the guidance of a skilled attorney for Property Tax Cases, you can have the peace of mind that comes with having experts on your side. For more information on Property Tax Law in New Jersey, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (973) 227-1912 today