New York Discovery Guide for Pro Se Litigants is a comprehensive guide that provides a step-by-step overview of the discovery process in New York State. It explains the different types of discovery available to pro SE litigants, such as interrogatories, production of documents, depositions, requests for admissions, and requests for physical and mental examinations. It also provides instructions and sample forms to help pro SE litigants properly prepare and serve discovery requests. The guide also includes information on responding to requests for discovery, as well as tips on how to use discovery strategically in order to better present your case. There are two main types of New York Discovery Guide for Pro Se Litigants: the printed version, which includes information on all types of discovery and sample forms, and the online version, which provides access to information and forms in an interactive format.
New York Discovery Guide for Pro Se Litigants
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FAQ
Unless your written response includes only objections without any factual assertions, it must be verified. This means it must include a statement under the penalty of perjury that your response is true and correct. (CCP § 2031.250). Failure to include this verification has the same effect as not responding at all.
A verification is like an affidavit; it is a statement under oath that the matters set forth in the response are truthful.
10 days after the service of summons.? (See Code Civ. Proc., § 2031.020(b).) 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.
Unlike responses to interrogatories and unlike state practice, the responses to document requests do not have to be verified. Requests for Admissions are governed by Rule 36, which operates in a similar manner as Requests for Admissions under state law.
Discovery means you send the other side questions and requests for information or items (like documents) in writing. The other side must respond to your question or request in writing.
Rule 33(d) states that a party electing to respond to an interrogatory by providing electronically stored information must ensure that the interrogating party can locate and identify it ?as readily as can the party served,? and that the responding party must give the interrogating party a ?reasonable opportunity to
In addition, your responses must be ?verified,? meaning that you must sign under penalty of perjury that your responses are true and correct (CCP § 2030.250).
The memorandum of law or brief is counsel's opportunity to persuasively argue why the court should compel the requested discovery. When a party moves to compel discovery, the opposing party can oppose the motion and the moving party usually can file a reply.