procedural guides

Response to Interrogatories, New York Supreme Court–At A Glance

Note: See SmartRules guides for up-to-date Motion to Quash information for the California Superior Courts.

Use this “At A Glance Guide” to learn the statewide rules of civil procedure applicable to responding to interrogatories in New York Supreme Court. For more detailed information, including Local Rules, please see the New York Supreme Court SmartRules Guides: Response to Interrogatories.


Response to Interrogatories Rules

Objections

As to any interrogatories not answered, the responding party must state his or her objections with reasonable particularity.

Amendment of Responses

Except with respect to amendment or supplementation of responses pursuant to subdivision (h) of section 3101, answers to interrogatories may be amended or supplemented only by order of the court upon motion.

A party shall amend or supplement a response previously given to a request for disclosure promptly upon the party’s thereafter obtaining information that the response was incorrect or incomplete when made, or that the response, though correct and complete when made, no longer is correct and complete, and the circumstances are such that a failure to amend or supplement the response would be materially misleading.

Where a party obtains such information an insufficient period of time before the commencement of trial appropriately to amend or supplement the response, the party shall not thereupon be precluded from introducing evidence at the trial solely on grounds of noncompliance with this subdivision.

In that instance, upon motion of any party, made before or at trial, or on its own initiative, the court may make whatever order may be just.

Further amendment or supplementation may be obtained by court order.

Answers to interrogatories may be amended or supplemented by court order upon motion.

Scope of Interrogatories Generally

Interrogatories may relate to any matter or information material or necessary to the prosecution or defense of the action and not subject to privilege.

Interrogatories may require (a) an opportunity to examine and copy papers, documents or photographs that are relevant to the answers to the interrogatories, or (b) copies of such papers, documents or photographs.

Negligence Actions

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.

Motion to Compel Response

If a party fails to answer an interrogatory, the propounding party may file a motion seeking to compel a response.

See New York County Supreme Court SmartRules¢ procedural guide: MOTION TO COMPEL DISCOVERY.

Motion for Sanctions

If a party refuses to obey an order for disclosure or willfully fails to disclose information that ought to have been disclosed, the propounding party may seek sanctions against that party.

Include Original Questions

Each question must be answered separately and fully, and the question to which the answer or objection responds must proceed each answer or objection.

Responses to Discovery, Production of Discovery Materials

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.

SmartRules Guides

SmartRules Guides cover additional requirements including:

Timing

Oath Requirements

Limits to Number of Interrogatories

Limits to Topics of Interrogatories

Service Requirements


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Originally published May 21, 2009