New York State Court Clerk Practice Exam 2026 - Free Court Clerk Practice Questions and Study Guide

Leave of court is indeed required for disclosure in a special proceeding as stipulated by CPLR 406. The purpose of this requirement is to ensure that the court supervises the disclosure process to maintain order and fairness given the unique and often expedited nature of special proceedings. Unlike regular civil actions where disclosure can proceed more freely, special proceedings often have specific rules and limitations that necessitate judicial oversight. This requirement helps to prevent potential abuse of the discovery process and ensures that all parties have a fair opportunity to present their cases while adhering to the procedural constraints inherent in special proceedings. Therefore, the assertion that leave of court is generally required for disclosure in these contexts is accurate.