Notice For Discovery In Nassau
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FAQ
At the end of the discovery process, both parties should have a reasonably good idea of the strength of their opponent's case as well as their own. A weakness in one party's position may encourage it to try negotiating a settlement to avoid going to trial.
Discovery is the formal process by which the parties to a case in court exchange information about the case. This includes information about the witnesses and evidence to be presented at trial. Its purpose is to make the parties aware of the evidence which may be presented at trial.
The primary goal of discovery is to ensure a fair and just resolution of the dispute by preventing surprise evidence or arguments during trial.
A discovery response is essentially a choice that you make after receiving a request for information.
How Does Discovery Work? 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.
“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).
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.
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.
Within twenty days after service of interrogatories, the party upon whom they are served shall serve upon each of the parties a copy of the answer to each interrogatory, except one to which the party objects, in which event the reasons for the objection shall be stated with reasonable particularity.
