Use this “At A Glance Guide” to learn the statewide rules of civil procedure applicable to Requests for Production in New York Supreme Court. For more detailed information, including continuously updated Local Rules, please see the New York Request for Production guides.
Note: See SmartRules guides for up-to-date Request for Production information for the New York Supreme Courts.
SmartRules guides cover additional requirements, including:
- Formatting requirements
- Filing and Service
- Rules regarding Production of Documents
- Limitations on Depositions
- Commercial Division requirements
- Privilege Logs
- Discovery of ESI from Nonparties
- Electronic Discovery
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.
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.
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.
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.
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.
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.
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.
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.
The Request for Production or Inspection of Documents must specify within it the time for compliance, which must be at least twenty (20) days. 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. No additional time is added to this period if service of the Request for Production was made by personal delivery, facsimile or electronic transmission.
If the requests were served by overnight delivery add one (1) day to the response period.
If the requests were served by mail, add five (5) days to the response period.
The day discovery requests are served is not included when calculating the time to respond. Response time starts running the day after service.
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.
Image used courtesy of the New York State Bar Association.
Originally posted August 3, 2009