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New York Interrogatories to Plaintiff for Motor Vehicle Occurrence

New York Interrogatories to Plaintiff for Motor Vehicle Occurrence

Name: New York Interrogatories to Plaintiff for Motor Vehicle Occurrence
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Category:

Civil Procedure - Discovery - Motor Vehicle Accidents

State:

New York

Control #:

NY-221-MV

Format:

Instant download

Description

This is a sample set of 28 Interrogatories from Defendant to Plaintiff for use in connection with a vehicle incident, such as an automobile accident. You should only use this form as a guide and delete questions not relevant to your case, as well as add questions you or your client want to ask the Defendant based upon the facts of your case.

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FAQ

In most cases, a deponent cannot refuse to answer a question at a deposition unless the answer would reveal privileged or irrelevant private information or the court previously ordered that the information cannot be revealed (source). However, there are certain types of questions that do not have to be answered.

Interrogatories are a discovery tool that the parties can use to have specific questions about a case answered before trial. Interrogatories are lists of questions sent to the other party that s/he must respond to in writing.

The purpose of interrogatories is to learn a great deal of general information about a party in a lawsuit. For example, the defendant in a personal injury lawsuit about a car accident might send you interrogatories asking you to disclose things like: Where you live.

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.

You can object to an interrogatory if the information sought is known by the requesting party or available to both parties equally. For example, you should raise this objection if the answers are publicly available or in a third-party's custody or control.

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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Interrogatories to Plaintiff for Motor Vehicle Occurrence

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.

Interrogatories to Plaintiff for Motor Vehicle Occurrence

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:

Interrogatories:

Deposition:

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:

Depositions

Where the deposition is to be Taken Within the State:

Before Whom Depositions May Be Taken:

Within a state, a person authorized by the law of the state to administer oaths;

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

Requests for Admissions

Compel Discovery

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.

New York Interrogatories to Plaintiff for Motor Vehicle Occurrence

Description

Related forms

Viewed forms

How to fill out New York Interrogatories To Plaintiff For Motor Vehicle Occurrence?

Form popularity

FAQ

Can I refuse to answer questions in a deposition?

What are interrogatories in a lawsuit?

What is the point of interrogatories?

Can you refuse to answer interrogatories?

Can you object to interrogatories?

Do I have to answer all interrogatories?

What happens if you don't answer interrogatories?

What happens after interrogatories are answered?

Trusted and secure by over 3 million people of the world’s leading companies

New York Interrogatories to Plaintiff for Motor Vehicle Occurrence

Description

Related forms

Viewed forms

How to fill out New York Interrogatories To Plaintiff For Motor Vehicle Occurrence?

Form popularity

FAQ

Can I refuse to answer questions in a deposition?

What are interrogatories in a lawsuit?

What is the point of interrogatories?

Can you refuse to answer interrogatories?

Can you object to interrogatories?

Do I have to answer all interrogatories?

What happens if you don't answer interrogatories?

What happens after interrogatories are answered?

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