New York Certificate of Compliance Regarding Service of Interrogatories or Requests for Production of Documents - Discovery and Inspection

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US-02753BG
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Federal Courts and many state courts have local rules regarding the filing of discovery pleadings similar to the following:


Filing. Unless otherwise ordered by the court, counsel must not file with the court the following:

" all disclosures made under Fed. R. Civ P. 26 (a)(1);

" depositions or notices of taking deposition required by Fed R. Civ. P. 30(b)(1);

" interrogatories;

" requests for production, inspection or admission;

" answers and responses to such requests; and,

" certificates of service for any of the discovery materials referenced above.


The party serving the discovery material or taking the deposition must retain the original and be the custodian of it.

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FAQ

(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.

22 CRR-NY 202.8-CRR (1) affidavits, affirmations, briefs and memoranda of law in chief shall be limited to 7,000 words each; (2) reply affidavits, affirmations, and memoranda shall be no more than 4,200 words and shall not contain any arguments that do not respond or relate to those made in the memoranda in chief.

Rule 202.70. 11-a - Interrogatories (a) Interrogatories are limited to 25 in number, including subparts, unless another limit is specified in the preliminary conference order.

A sample certification of word count that counsel practicing in the New York Supreme Court or New York County Court must attach to affidavits, affirmations, and memoranda of law, which are generally limited to 7,000 words for documents in chief and 4,200 words for reply documents.

Interrogatories shall be answered in writing under oath by the party served, if an individual, or, if the party served is a corporation, a partnership or a sole proprietorship, by an officer, director, member, agent or employee having the information.

How do I serve discovery requests and responses? To serve a discovery request on a nonparty (where permissible), you must follow the procedures in Federal Rule of Civil Procedure 45. You must sign your discovery requests and responses and include your name, address, phone number, and email address (if available).

Section 202.8-a - Motion in General (a) Form of Motion Papers. The movant shall specify in the notice of motion, order to show cause, and in a concluding section of a memorandum of law, the exact relief sought.

Specifically, pursuant to Uniform Rule 202.7 (f), upon an application for an order to show cause that seeks a temporary restraining order, the application must contain an affirmation demonstrating that there will be significant prejudice to the party seeking the restraining order by the giving of notice.

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New York Certificate of Compliance Regarding Service of Interrogatories or Requests for Production of Documents - Discovery and Inspection