Discovery Interrogatories for Divorce Proceeding for either Plaintiff or Defendant
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. The discovery rules also apply in divorce
actions.
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.
