These blows landed around the head, neck, and shoulder area of the Defendant. For example, you might respond with this level of detail for each incident: “On or about Decemat 7:00 pm the Defendant shoved Plaintiff to the ground in the kitchen of their marital home and struck Plaintiff approximately 12 times with closed fists. For example, if you filed a divorce action based on the ground of cruel and inhuman treatment, you may have just alleged in your petition that you were “subjected to cruel and inhuman treatment during the marriage.” The request for a bill of particulars may say: “Defendant hereby demands a bill of particulars setting forth the specifics of the alleged cruel and inhuman treatment.” In the bill of particulars that you write up, you will explain exactly what you meant by cruel and inhuman treatment, while keeping in mind what you can prove at trial, and the approximate dates that the incidents happened. You need to think about what it is that you need to prove to the judge in order to win your case and then explain in more detail the general allegations that you made in your complaint or petition. Another Win for Nazi-looted Art? U.S.When you receive a request for a bill of particulars, you should first read it over very carefully and then read your complaint or petition.Visit Categories Discovery, Litigation Practice SmartRules offers task-based guides for drafting legal pleadings with speed accuracy reflecting the latest version of any code, rule, or statute needed for your legal document. Also, regarding formatting requirements please see the New York Supreme Court Guide Generally Applicable Rules and Formatting Requirements. For more detailed treatment of interrogatories in the New York Supreme Court, including local rules, please see the New York Supreme Court SmartRules Guides Interrogatories, and Response to Interrogatories. In actions based solely on negligence and claiming personal injury, property damage or wrongful death, no party may, without leave of Court, serve written interrogatories on a party and take the oral deposition of the same party. Additionally, the New York rules do not specify requirements for formatting interrogatories, but the general formatting rules for papers apply.Įxcept in matrimonial actions, no party can serve interrogatories on a party and demand a bill of particulars from the same party. The New York Rules do not specify a numerical limit for Interrogatories. (b) copies of such papers, documents or photographs. (a) an opportunity to examine and copy papers, documents or photographs that are relevant to the answers to the interrogatories, or Interrogatories may relate to any matter or information material or necessary to the prosecution or defense of the action and not subject to privilege. The response deadline may be altered by court order or stipulation. 24, plus any others designated by the federal or state government. “Legal holidays” include those specified in Gen. If the last day of the period is a Saturday, Sunday, or legal holiday, the response period runs until the end of the next non-holiday business day. Saturdays, Sundays, and legal holidays are included in the count if they do not fall on the last day of the period. Response time starts running the day after service. The day interrogatories are served is not included when calculating the time to respond. If the interrogatories were served by mail, add five (5) days to the response period. If the interrogatories were served by overnight delivery add one (1) day to the response period. No additional time is added to this period if service was made by personal delivery, facsimile or electronic transmission. Within twenty (20) days after being served with interrogatories, the party served must serve on each other party a copy of the answer or objection to each interrogatory. Unless the Court directs otherwise, no party may serve interrogatories on a defendant until the time has expired for that defendant to serve a responsive pleading. Use this “List of Must Knows” to learn the statewide rules of civil procedure, New York’s Civil Practice Law and Rules (“CPLR”), you need to know to propound interrogatories in the New York Supreme Court.Īny party may serve interrogatories on any other party at any time after commencement of the action. Check Out SmartRules to view the LATEST rules concerning New York’s Civil Practice Law and Rules (CPLR).
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