Service Of Interrogatories In New York
Description
Form popularity
FAQ
Use a Special Interrogatory (sometimes called a Specially Prepared Interrogatory) if you want to write the questions yourself. You use this if you want to ask questions that are specific to your case and are not included on the Form Interrogatory form. A Special Interrogatory doesn't use a specific court form.
Interrogatories allow the parties to ask who, what, when, where and why questions, making them a good method for obtaining new information in a case. There are two types of interrogatories: form interrogatories and special interrogatories.
There are two types of Interrogatories: Uniform and Non-Uniform. The Uniform Interrogatories are in court-approved form, for general use in any case. Questions specific to your case, and outside the scope of the standard form, are Non-Uniform Interrogatories.
Interrogatories may, without leave of court, be served upon the plaintiff after filing of the complaint and upon any other party with or after service of the summons and complaint upon that party.
Complete Your Responses to the Interrogatories You must respond to each request individually. You do not need to repeat the text of the question, but your responses must be in the same order as the requests, and each response should be labeled with the same number or letter as the request.
CPLR 308 provides the basic framework for service of process on natural persons within New York: Personal service (CPLR 308(1)) Delivery and mail service (CPLR 308(2)) Service on a person of suitable age and discretion (CPLR 308(2))
There are four main types of discovery requests: (1) depositions; (2) interrogatories; (3) requests for admissions; and (4) requests for the production of documents. Depositions are formal witness interviews.
C.P.L.R. § 308 instructs how to serve process in New York State. Although it does not expressly include service by e-mail, case law is evolving so that service via e-mail is increasingly accepted by New York courts.
Response to Interrogatories Rules: If the party served with interrogatories is a corporation, a partnership or a sole proprietorship, then an officer, director, member, agent or employee that has the information sought by the interrogatory must answer in writing under oath. CPLR 3133(b).
Interrogatories shall be answered in writing under oath by the party served, if an individual, or, if the party served is a corporation, a partnership or a sole proprietorship, by an officer, director, member, agent or employee having the information.
