New York Discovery Order #2

State:
New York
Control #:
NY-QNS-124
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PDF
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Description

Discovery Order #2

New York Discovery Order #2 is a legal tool used by attorneys in New York State to obtain information or documents from a party in a civil case. The order can be issued either pre-trial or during trial. There are two types of New York Discovery Order #2: Interrogatories and Document Requests. Interrogatories are written questions posed to a party in a civil action that require a written response. Document Requests are requests for tangible objects, such as papers, photographs, and videos, which are necessary to the case.

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FAQ

In New York, the Criminal Procedure Law requires that the prosecution provide discovery to the defendant as soon as practicable. Otherwise, it must be provided no later than 20 days if the client is in jail, or 35 days if the client is out.

You have 30 days to respond to interrogatories, but you may ask the other party for more time. If the other party declines, you may write to the judge to ask for an extension of time. You must answer each interrogatory separately and fully in writing and under oath.

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).

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.

Rule 11-c. Discovery of Electronically Stored Information from Nonparties. Parties and nonparties should adhere to the Commercial Division's Guidelines for Discovezy of Electronically Stored Information ("ESI") from nonparties. which can be found in Appendix A to these Rules of the Commercial Division.

Rule 11-d. Limitations on Depositions. (a) Unless otherwise stipulated to by the parties or ordered by the court: (1) the number of depositions taken by plaintiffs, or by defendants, or by third-party defendants, shall be limited to 10; and (2) depositions shall be limited to 7 hours per deponent.

More info

Discovery enables the parties to know before the trial begins what evidence may be presented. In a request for admission, one party asks the other party to admit, under oath, that certain facts are true or certain documents are genuine.The word "discovery" suggests an important function of discovery—learning, or discovering, the facts and evidence related to the lawsuit. Discovery enables the parties to know before the trial begins what evidence may be presented. In a request for admission, one party asks the other party to admit, under oath, that certain facts are true or certain documents are genuine. The word "discovery" suggests an important function of discovery—learning, or discovering, the facts and evidence related to the lawsuit. Discovery generally begins after the defendant files an answer, the parties hold a discovery planning conference, and the judge issues a scheduling order. Discovery enables the parties to know before the trial begins what evidence may be presented. Discovery generally begins after the defendant files an answer, the parties hold a discovery planning conference, and the judge issues a scheduling order. Order should include all outstanding discovery or indicate that discovery is complete.

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New York Discovery Order #2