This form is a sample plaintiff's request of defendant to produce certain documents and things for inspection and copying by plaintiff's counsel.
New York Plaintiff's First Set of Requests for Production of Documents and Things Propounded to Defendant
State:
Multi-State
Control #:
US-PI-0070
Format:
Word;
Rich Text
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How to fill out Plaintiff's First Set Of Requests For Production Of Documents And Things Propounded To Defendant?
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FAQ
What Is Propounding Discovery? Propounding means putting forward an idea, theory, belief, or point of view for others to consider. Written discovery gathers all the facts and evidence relevant to a case. For each discovery request, various materials must be put together.
2030.020. (a) A defendant may propound interrogatories to a party to the action without leave of court at any time. (b) A plaintiff may propound interrogatories to a party without leave of court at any time that is 10 days after the service of the summons on, or appearance by, that party, whichever occurs first.
Timeframe for discovery If you are the plaintiff, you can begin discovery 10 days after you serve the first papers in the case or anytime after the defendant files a response. If you are the defendant, you may begin discovery as soon as the case is filed.
Once the time passes, plaintiff is entitled to serve discovery without any procedural hurdles. However, in a federal court action, a party may not serve discovery until after the meeting of counsel under Federal Rule of Civil Procedure 26. This meeting is typically initiated by plaintiff's counsel.
A Request for Production (also known as a Demand for Inspection) asks the other side to produce and allow copying or inspection and measuring of a document or thing.
Complaint/Petition Usually the first document filed in a lawsuit is the Complaint (or Petition), which provides an outline of the plaintiff's (petitioner's) case against the defendant (respondent).
Common objections to requests for production or inspection include: The request is overly broad or unduly burdensome. ... The request is vague, ambiguous, or unintelligible. ... The request is not reasonably calculated to lead to the discovery of relevant, admissible evidence.
Timeframe for discovery If you are the plaintiff, you can begin discovery 10 days after you serve the first papers in the case or anytime after the defendant files a response. If you are the defendant, you may begin discovery as soon as the case is filed.