Service Interrogatories With Documents In New York
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For interrogatories, action words such as “list,” “describe,” “identify,” or “state” are very useful. You may ask the other side to identify a document but you cannot use this form of discovery to get them to give it to you. Requesting documents requires a different kind of discovery process.
New York Consolidated Laws, Civil Practice Law and Rules - CVP Rule 3120. Discovery and production of documents and things for inspection, testing, copying or photographing.
Service of interrogatories. After commencement of an action, any party may serve written interrogatories upon any other party. Interrogatories may not be served upon a defendant before that defendant's time for serving a responsive pleading has expired, except by leave of court granted with or without notice.
The original form interrogatories and signed proof of service should be retained for your records. If the other party does not respond to your requests, you may use these documents to support a motion to have the court compel responses.
How to fill out Form Interrogatories Fill in basic information at the top of the form. Provide basic information about your case. Select the questions. On Page 2, check the box next to each question you want to ask your spouse to answer. Make copies. Make 1 copy of the completed Form Interrogatories – Family Law.
Requests for Production or Demands for Inspection require you to produce documents for copying or in some cases actual items for inspection. Responding to the request has 2 parts: State if you can comply with the request (all of it or some of it) or give the reason why you can't comply.
How to Request Production of Documents and Things Download the template for Request for Production. Fill out basic information at the top. Choose a location for the other side to bring the documents. Add your own definitions (if useful) ... Write your requests for production. Sign and date the document. Make copies.
Special Interrogatories Cannot be Used to Request Documents. The proper mechanism to have a party produce a document is an inspection demand.
Read each question (interrogatory) very carefully. Answer only the question that is asked, and avoid the temptation to over-explain your answer. If the question contains several parts, you may break your answer into parts as well. It is also possible that you might object to the question.
If a request asks for a document, make a copy of the document; in your response, describe the document and say that a copy is attached; and attach a copy of the document to the responses you send back to the other side.
