Request for Production in New York Supreme Court–At A Glance

Use this At A Glance Guide to learn the New York rules of civil procedure (New York Civil Practice Law and Rules and Uniform Rules) applicable to requests for production in the New York Supreme Courts. For more detailed information, including local rules, on requests for production in a specific New York Supreme Court, please see the SmartRules New York Supreme Court Requests for Production Guide for the court where your action is pending.

Timing:

A notice to produce documents or make documents available for inspection (directed to a party) or a subpoena duces tecum (directed to a non party) may be issued at any time after commencement of the action. CPLR 3120.

The Request for Production or Inspection of Documents must specify within it the time for compliance, which must be at least twenty (20) days. CPLR 3120(2). A party objecting to all or any part of a Request for Production or Inspection must serve a written response stating the objections within twenty (20) days of service of the Request for Production or Inspection. CPLR 3122(a). No additional time is added to this period if service of the Request for Production was made by personal delivery, facsimile or electronic transmission. CPLR 2103(b)(1), (5) and (7).

If the requests were served by overnight delivery add one (1) day to the response period. CPLR 2103(b)(6).

If the requests were served by mail, add five (5) days to the response period. CPLR 2103(b)(2).

The day discovery requests are served is not included when calculating the time to respond. Response time starts running the day after service. Gen. Const. L. 20.

Saturdays, Sundays, and legal holidays are included in the count if they do not fall on the last day of the period. 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. Gen. Const. L. 25. “Legal holidays” include those specified in Gen. Constr. L. 24, plus any others designated by the federal or state government. Gen. Const. L. 24.

Request for Production Rules:

A request for production or subpoena duces tecum may request production or inspection, copying, testing or photographing of any designated documents or any things which are in the possession, custody or control of the party or person served. Or it may request permission to enter upon designated land or other property in the possession, custody or control of the party or person served for the purpose of inspecting, measuring, surveying, sampling, testing, photographing or recording by motion pictures or otherwise the property or any specifically designated object or operation thereon. CPLR 3120(1).

The notice (or subpoena duces tecum) must specify the time for inspection (not less than twenty (20) days after service of the notice or subpoena) and in the case of inspection the place and shall set forth the items to be produced or made available for inspection or copying. Each item or category of items must be described with reasonable particularity. CPLR 3120(2).

The party issuing a subpoena duces tecum as provided hereinabove shall at the same time serve a copy of the subpoena upon all other parties and, within five days of compliance therewith, in whole or in part, give to each party notice that the items produced in response thereto are available for inspection and copying, specifying the time and place thereof. CPLR 3120(3).

Any objection to a request for production or inspection must state, with reasonable particularity, the reasons for each objection. If an objection is to a single item or category of items, the item or category must be specified within the objection. CPLR 3122(a).

When a request to produce documents for inspection has been issued, the responding party must issue a notice if any documents appearing to be within the scope of the request are withheld. The notice must specify the legal ground for withholding each document. Unless divulgence would cause the disclosure of privileged information, the notice must also state (1) the general subject matter of each withheld document; (2) the type of document; (3) the date of the document and (4) such other information as would necessary to identify the document for subpoena purposes. CPLR 3122(b).

If a party fails to comply with or otherwise respond to a request for production or inspection of documents, the requesting party may file a motion seeking to compel compliance or response. CPLR 3124.

The requesting party may also seek sanctions against any party who refuses to obey an order for disclosure or who willfully fails to disclose information that ought to have been disclosed. CPLR 3126.

Leave a Comment

Share This