PRE-HEARING DISCOVERY

The accused have the right to know the evidence against them. Boards should adopt a "discovery" policy, i.e., the disclosure of facts and documents relevant to the hearing so the accused can prepare a defense. Boards may adopt one of the following policies:

1. Limited Pre-Hearing Discovery. Allow relevant materials to be sent to the accused at least 24 hours prior to the hearing.

2. Exchange Evidence at the Hearing. Use the small claims procedure of exchanging evidence at the hearing a few minutes before the start of the hearing. The accused should bring two copies of any documents and pictures he/she intends to use at the hearing so that one set can be given to the board.

Other Owners' Files. Sometimes the accused (or his/her lawyer) will demand the files of all other owners with similar violations. The board my decline such requests out of privacy considerations for other owners.

Updated by ADAMS KESSLER 8/21/2007