Notice For Discovery And Inspection New York In Kings
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FAQ
Since 2019, when the discovery reform laws were passed, which essentially require perfect discovery compliance for a case to not be dismissed on speedy trial grounds, the number of cases dismissed for speedy trial violations went from 10,562 in 2019 to 49,974 in 2024 — a 373 percent increase.
You use discovery to get information or evidence from the other side in a lawsuit that will help you make your case. In order to get the information you need, you must make a request using a specific procedure and written format, within a specific timeframe.
1 CPL 245 was passed on April 1, 2019 and went into effect on January 1, 2020. It provided for greater transparency in discovery and set specific timeframes for the sharing of evidence between the prosecution and defense.
245.10 - Timing of Discovery. 245.20 - Automatic Discovery. 245.25 - Disclosure Prior to Certain Guilty Pleas. 245.30 - Court Orders for Preservation, Access or Discovery.
In some cases, the offense may not become known until a later date. In these instances, New York laws sometimes allow the statute of limitations period to commence on the date the injury is discovered or should reasonably have been discovered. This is known as the discovery rule.
“At the conclusion of other discovery and at least 30 days prior the discovery cut-off date,” parties may serve contention interrogatories (Comm'l Div. Rule 11-ad). Requests for admission are unlimited and can be served up to 20 days before trial; responses are due within 20 days (CPLR Section 3123a).
(b) Document Demand: As the name indicates, this is a written demand in which one party demands that the other produce certain documents for inspection and copying. (This device is also referred to as a notice of discovery and inspection). The demand must define the items sought with reasonable particularity.
Strict▪Timeline: The current statute does not require discovery to be complete until pretrial hearings or trial. Discovery reform, on the other hand, requires the prosecution to turn over all “discoverable” materials as soon as practicable, but no later than 15 days after arraignment.
The discovery reform law, which went into effect on January 1, 2020, put New York on par with 46 other states operating under an “open file discovery” system. Under the new law, prosecutors must turn over all materials “that relate to the subject matter of” the case within a specified time period.
Interrogatories are written questions to which written responses are required. They are technically a "discovery device" that is used to get more information about facts in a lawsuit. Bill of Particulars are written questions that are intended to amplify the factual and claims made in a complaint or answer.
