This Notice of Service of Interrogatories is used by Plaintiff to provide Defendant of notice that there is a request for Interrogatories, second request for production, response to interrogatories, or response to second requests for production. This Notice can be used in any state.
Notice Of Service Of Discovery In Divorce In New York
State:
Multi-State
Control #:
US-00316
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Word;
Rich Text
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FAQ
“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).
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.
Discovery is the method of obtaining, from the other party, all of the information you need to successfully present Page 3 your case to the court. It also provides your spouse an opportunity to obtain from you all of the information your spouse needs to present their case successfully to the court.
The discovery process is governed by Federal Rules of Civil Procedure 26–37, 45, and the court's Local Civil Rules. Discovery generally begins after the defendant files an answer, the parties hold a discovery planning conference, and the judge issues a scheduling order.
When Is Discovery Available? In New York Supreme Court actions (other than actions in the Commercial Division) discovery is generally available after the defendant interposes its answer. If the defendant serves a pre-answer motion to dismiss, however, then discovery is generally stayed until that motion is decided.
(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.
The papers must be personally handed to the Defendant. The Plaintiff cannot be the person that gives the papers to the Defendant, if it is unclear whether the Defendant will "contest" (argue) any part of the case or return the Affidavit of Defendant. Someone else must do this for the Plaintiff.
Effective January 1, 2020, New York State is replacing its discovery law, dubbed the “blindfold” law, with a new statute requiring the sharing of evidence by default between the prosecution and defense on an accelerated timeline.