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New York Interrogatories to Defendant for Motor Vehicle Accident
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FAQ
Interrogatory answers, in order to be used as substantive evidence at trial, must be introduced into evidence as part of the record.One procedure for admitting the answers, after securing the court's permission, is to read the questions and answers before the jury so that they are in the trial transcript.
Your answers to the interrogatories should usually be short, clear, and direct and should answer only the question that is being asked. This is not the time to set out your entire case or defense to the other side. Take the time to make sure your answers are correct and truthful.
You must answer each interrogatory separately and fully in writing under oath, unless you object to it. You must explain why you object. You must sign your answers and objections.
Responding to Form InterrogatoriesAnswer each question, being careful to answer each subpart, if one exists. Read the question carefully, and answer only what it asks. You may attach exhibits, if necessary. The response must be verified, meaning you must swear that the responses given are true.
So, can you refuse to answer interrogatories? The answer is, no, you may not. You must answer a Rule 33 interrogatory within 30 days of being served with it. That answer must either permit inspection of the requested information or object to the production of the information for a specific reason.
The plaintiff must respond by the deadline. There are different ways to make sure you get each kind of discovery if the plaintiff does not give it to you by the deadline. If the plaintiff does not respond to the court order, then you can file a Motion to Dismiss and you may win your case.
You must answer each interrogatory separately and fully in writing under oath, unless you object to it. You must explain why you object. You must sign your answers and objections.
Motions to Compel If a party doesn't respond to interrogatories or requests for production, then the party seeking those answers must file a motion to compel with the court. If the court grants the motion to compel, then the party who objected or failed to answer must then do so.
Interrogatories Interrogatories are written questions that are sent by one party to another. Generally speaking, the party who receives these questions has 30 days to answer them.If the other party fails to respond on time, within 30 days, then the questions are deemed admitted.
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Note: This summary is not intended to be an all inclusive summary of discovery law in New York, but does include basic and other information.
Definitions
Discovery:
A procedure designed to allow disclosure of information between Plaintiffs and Defendants. Written questions, oral questioning, document production and admissions requests are generally allowed. Discovery was designed to to prevent trial by ambush.
Interrogatories:
Written questions from Plaintiff to Defendant, or from Defendant to Plaintiff. The questions are mailed to the Plaintiff, Defendant or the attorney for response in writing. The answers or responses are usually due between 20-30 days.
Deposition:
A procedure where verbal questions are asked a Plaintiff or Defendant for immediate response. Depositions are usually recorded by a court reporter, who swears the person to tell the truth before questioning begins.
Production of Documents:
The method of obtaining documents from the other party relevant to the case such as all documents a party intends to introduce at trial.
Requests for Admissions:
Written questions where you request the other party to admit or deny some relevant fact.
Objections:
Objections may be made to all discovery questions if the questions are not relevant, or likely to lead to the discovery of relevant evidence.
Civil Procedure Rules:
Virtually all states have adopted a version of civil procedure rules which include rules dealing with discovery.
New York Civil Practice Law and Rules
New York has adopted Civil Practice Law and Rules which contain provisions governing discovery. Article 3l contains the applicable rules and sections of discovery.
Scope of Disclosure:
There must be full disclosure of all evidence material and necessary in the prosecution or defense of an action regardless of proof. Section 3101(a)
Experts:
A party shall be required to identify each person whom the other party expects to call as an expert witness at trial. Section 3101(d)
Methods of Obtaining Discovery:
Parties may obtain discovery by one or more of the followings methods: depositions upon oral examinations or written questions, written interrogatories, production of documents or things or permission to enter upon land or other property, physical and mental examinations, and requests for admission. Section 3102(a)
Depositions
Where the deposition is to be Taken Within the State:
A deposition within the state may be taken when the person to be examined is a party or an officer, or employee of a party within the county in which he resided or has an office for the regular transaction of business in person or where the action is pending. Rule 3110
Before Whom Depositions May Be Taken:
Depositions may be taken before any of the following persons except an attorney, or employee of an attorney, for a party or prospective party and except a person who would be qualified to act as a juror because of interest in the event or consanguinity or affinity to a party:
Within a state, a person authorized by the law of the state to administer oaths;
Without the state, but within the United States, a person authorized to take acknowledgments of deeds outside of the state by the real property law of the state or to administer oaths by the laws of the United States or of the place where the deposition is taken;
In a foreign country, any diplomatic or consular agent or representative of the United States. Rule 3113
Production
Any party may serve upon another party a request to produce certain documents, not privileged, to be inspected and copied. Rule 3120
Physical and Mental Examination of Persons
When the mental or physical condition (including the blood group) of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by a physician or to produce for examination the person in his custody or control. Section 3121
Requests for Admissions
At any time after service of the answer or after the expiration of twenty days from service of the summons, whichever is sooner, and not later than twenty days before the trial, a party may serve upon any other party a written request for admission by the latter of the genuineness of any paper or documents. Section 3123
Compel Discovery
If a person, without having made timely objections, fails to appear at an examination for questioning or fails to answer any question propounded upon oral or written depositions or interrogatories or to produce a thing as provided by rule 3111 or fails to permit examination or inspection of property or things as provided by rule 3120, the affected party may apply to the court to compel disclosure. Rule 3124
Domestic Actions Discovery Notes
If you require extra time to respond to discovery, you should ask the other side for an extension in writing. It may also be necessary to enter an order granting the extension to protect your rights.
Discovery questions are limited in number so select the most important questions to ask the other side. Don't waste your requests writing questions that you already know the answer to.
Note: This summary is not intended to be an all inclusive summary of discovery law in New York, but does include basic and other information.
Definitions
Discovery:
A procedure designed to allow disclosure of information between Plaintiffs and Defendants. Written questions, oral questioning, document production and admissions requests are generally allowed. Discovery was designed to to prevent trial by ambush.
Interrogatories:
Written questions from Plaintiff to Defendant, or from Defendant to Plaintiff. The questions are mailed to the Plaintiff, Defendant or the attorney for response in writing. The answers or responses are usually due between 20-30 days.
Deposition:
A procedure where verbal questions are asked a Plaintiff or Defendant for immediate response. Depositions are usually recorded by a court reporter, who swears the person to tell the truth before questioning begins.
Production of Documents:
The method of obtaining documents from the other party relevant to the case such as all documents a party intends to introduce at trial.
Requests for Admissions:
Written questions where you request the other party to admit or deny some relevant fact.
Objections:
Objections may be made to all discovery questions if the questions are not relevant, or likely to lead to the discovery of relevant evidence.
Civil Procedure Rules:
Virtually all states have adopted a version of civil procedure rules which include rules dealing with discovery.
New York Civil Practice Law and Rules
New York has adopted Civil Practice Law and Rules which contain provisions governing discovery. Article 3l contains the applicable rules and sections of discovery.
Scope of Disclosure:
There must be full disclosure of all evidence material and necessary in the prosecution or defense of an action regardless of proof. Section 3101(a)
Experts:
A party shall be required to identify each person whom the other party expects to call as an expert witness at trial. Section 3101(d)
Methods of Obtaining Discovery:
Parties may obtain discovery by one or more of the followings methods: depositions upon oral examinations or written questions, written interrogatories, production of documents or things or permission to enter upon land or other property, physical and mental examinations, and requests for admission. Section 3102(a)
Depositions
Where the deposition is to be Taken Within the State:
A deposition within the state may be taken when the person to be examined is a party or an officer, or employee of a party within the county in which he resided or has an office for the regular transaction of business in person or where the action is pending. Rule 3110
Before Whom Depositions May Be Taken:
Depositions may be taken before any of the following persons except an attorney, or employee of an attorney, for a party or prospective party and except a person who would be qualified to act as a juror because of interest in the event or consanguinity or affinity to a party:
Within a state, a person authorized by the law of the state to administer oaths;
Without the state, but within the United States, a person authorized to take acknowledgments of deeds outside of the state by the real property law of the state or to administer oaths by the laws of the United States or of the place where the deposition is taken;
In a foreign country, any diplomatic or consular agent or representative of the United States. Rule 3113
Production
Any party may serve upon another party a request to produce certain documents, not privileged, to be inspected and copied. Rule 3120
Physical and Mental Examination of Persons
When the mental or physical condition (including the blood group) of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by a physician or to produce for examination the person in his custody or control. Section 3121
Requests for Admissions
At any time after service of the answer or after the expiration of twenty days from service of the summons, whichever is sooner, and not later than twenty days before the trial, a party may serve upon any other party a written request for admission by the latter of the genuineness of any paper or documents. Section 3123
Compel Discovery
If a person, without having made timely objections, fails to appear at an examination for questioning or fails to answer any question propounded upon oral or written depositions or interrogatories or to produce a thing as provided by rule 3111 or fails to permit examination or inspection of property or things as provided by rule 3120, the affected party may apply to the court to compel disclosure. Rule 3124
Domestic Actions Discovery Notes
If you require extra time to respond to discovery, you should ask the other side for an extension in writing. It may also be necessary to enter an order granting the extension to protect your rights.
Discovery questions are limited in number so select the most important questions to ask the other side. Don't waste your requests writing questions that you already know the answer to.