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Section R320 - Defendant's appearance (a) Requirement of appearance. The defendant appears by serving an answer or a notice of appearance, or by making a motion which has the effect of extending the time to answer.
Therefore, the Civil Practice Law and Rules (CPLR) Article 31 provides that the parties to a lawsuit may obtain certain information from one another about the merits of the case.
CPLR 3120: Examination before trial held prerequisite to obtaining discovery. Under CPA § 324, where discovery could only be had upon a court order,08 it was generally held that an examination before trial was a prerequisite to discovery.
(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.
Answer. Requests for the Production of Documents. Definition: A written list of documents, electronic files, and audio and video recordings or physical things, submitted to a party from his or her adversary to inspect and copy the requested items and that have relevance to the issues in a lawsuit.
In responding to Requests for Production of documents you have three response choices (1) agree to produce (C.C.P. §2031.220); (2) state that after a diligent search and a reasonable inquiry you have no documents (C.C.P. §2031.230) or (3) object (C.C.P. §2031.240).
In addition, CPLR Rule 3120(1) allows a party to serve a subpoena duces tecum directing a non-party to produce and permit the party to inspect, copy, test or photograph any designated documents or any things which are in the possession, custody or control of the person served.
CPLR 3123 provides that a response to a notice to admit must be made in the form of a sworn statement by the party to whom the request is directed. A notice to admit is to be used only for disposing of uncontroverted questions of fact or those that are easily provable. Meadowbrook-Richman, Inc. v.