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Please note: The New York Uniform Rules have been updated since this blog was written. Please refer to the SmartRules guides for up-to-date information.
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 responses to requests for production in the New York Supreme Courts. For more detailed information, including local rules, on responses to requests for production in a specific New York Supreme Court, please see the SmartRules New York Supreme Court Response to Requests for Production guides for the court where your action is pending.
Responses to Requests for Production in New York Supreme Courts
State Reasons for Objections
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)
Subpoena Duces Tecum
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)
Failure to Comply
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
See SmartRules procedural guides: MOTION TO COMPEL DISCOVERY.
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
Actions Subject to E-Filing
In any action subject to e-filing, parties and non-parties producing materials in response to discovery demands may enter into a stipulation authorizing the electronic filing of discovery responses and discovery materials to the degree and upon terms and conditions set forth in the stipulation. In the absence of such a stipulation, no party shall file electronically any such materials except in the form of excerpts, quotations, or selected exhibits from such materials as part of motion papers, pleadings or other filings with the court. Uniform R. 202.05b(j)
Discovery Requests and Responses
Discovery requests and responses are not filed with the court.
The party propounding or responding to discovery requests must serve every party to the action. CPLR 3132
All documents produced in response to a request for production or inspection must be produced as kept in the ordinary course of business or organized and labeled to correspond to the categories in the request. CPLR 3122(c)
Unless the request directs that original documents be made available for inspection and copying at the place where they are maintained, it is sufficient to deliver complete and accurate copies. CPLR 3122(d)
The reasonable production expenses of a non-party witness shall be defrayed by the party seeking discovery. CPLR 3122(d)
The Request for Production or Inspection of Documents must specify within it the time for compliance. See SmartRules guides for timing requirements.
No additional time is added if service was made by personal delivery, facsimile or electronic transmission, but additional time is added if made by overnight delivery or by mail.
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. Gen. Const. L. 24
Timing requirements are very specific. Staying informed of these requirements is essential to meeting deadlines. Use SmartRules to ensure that you don’t lose a case because of a technicality.
Preview of Response to Request for Production Guide