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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.
Definition of Interrogatories in Civil Procedures One way to get information about a case is to serve interrogatories. Interrogatories are written questions to be answered.
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.
Interrogatories and the answers to interrogatories are generally not admissible as evidence in court. However, the information that is revealed through interrogatories can be used to prepare for trial and to identify potential witnesses or evidence that may be introduced at trial.
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.
Standard Timeframe in NY: Under NY CPLR 3130, a party may serve written interrogatories upon another party after the commencement of an action. Typically, the recipient has 30 days from the date of service to respond.
202.20 Interrogatories. Interrogatories are limited to 25 in number, including subparts, unless the court orders otherwise. This limit applies to consolidated actions as well.
Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts.
Standard Timeframe in NY: Under NY CPLR 3130, a party may serve written interrogatories upon another party after the commencement of an action. Typically, the recipient has 30 days from the date of service to respond.
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.