CPLR 31 Volume 1 Flashcards
3101 Scope of disclosure
(a) Generally, there shall be full disclosure of ____________ in the prosecution or defense of an action, regardless of the burden of proof by:
- party, or officer, director, member, agent, or employee of party,
- person who possessed a cause of action or defense asserted in the action,
- person living more than ________miles from place of trial, or about to depart NYS, or lives outside NYS, or medical doctor, dentist, or podiatrist who provided care or diagnosis to party demanding disclosure, or who has been retained by such party as an expert witness, and
- any other person, upon notice.
all matter material ….. 100
3101 Scope of disclosure
(b) Upon objection by a person entitled to assert the privilege, privileged matter ___________ be attainable.
shall not
3101 Scope of disclosure
(c) The work product of ______________ Shall not be attainable.
an attorney
3101 Scope of disclosure
(d) Trial preparation
- Experts: In a medical, dental, and podiatric malpractice action an offer to disclose name of and to make available for examination upon oral deposition an expert witness is deemed rejected if a reply is not served within _________ of service of the offer.
- Materials: Some materials prepared in anticipation of litigation may be obtained by court order.
20 days
3101 Scope of disclosure
(e) A party may obtain a copy of his own statement.
his own statement.
3101 Scope of disclosure
(f) A party may obtain discovery of any _______________ under which the insurance company may be liable.
insurance agreement
3101 Scope of disclosure
(g) Except for criminal matters, there shall be disclosure of __________ prepared in the regular course of business.
accident reports
3101 Scope of disclosure
(h) Party shall amend or supplement response previously given to a request for disclosure when___________ change.
facts
3101 Scope of disclosure
(i) Generally, there shall be full disclosure of films, photographs, video tapes, etc. (except when taken for_________ purposes).
law enforcement
3102 Method of obtaining disclosure
(a) Disclosure devices are:
- depositions upon oral questions (or upon written questions, if deposition is outside NYS),
- interrogatories,
- demand for addresses,
- discovery and inspection of documents and property,
- physical and mental examinations of persons, and
- requests for admissions.
XX
3102 Method of obtaining disclosure
(b) Unless otherwise provided by CPLR, disclosure shall be by _____________ or on notice without leave of court.
stipulation
3102 Method of obtaining disclosure
(c) BEFORE an action is commenced, disclosure to aid in bringing an action, to preserve information or to aid in arbitration, may be obtained, but only by ______________
Court may appoint referee to take testimony.
court order.
3102 Method of obtaining disclosure
(d) AFTER trial has commenced, disclosure may be obtained only by ____________
order of the court.
3102 Method of obtaining disclosure
(e) A witness may be compelled to appear and testify in NYS in an action pending ____________
outside NYS.
3102 Method of obtaining disclosure
(f) If NYS is a party, disclosure by NYS shall be available as if NYS were ______________
a private person.
3103 Protective orders relating to disclosure of information
Court may at any time on its own initiative, or on motion of any party or person from whom discovery is sought, make a _________ denying, limiting, conditioning, or regulating use of any disclosure device.
protective order
3103 Protective orders relating to disclosure of information
Service of notice of motion for a protective order shall ____________ of particular matter in dispute.
suspend disclosure
3103 Protective orders relating to disclosure of information
The court can make an order suppressing information____________________
improperly obtained.
3104 Supervision of disclosure
(a) Court upon motion or on its own initiative may by one of its judges or referee supervise all or part of any disclosure procedure.
(b) Court may appoint a JHO or may permit parties to designate a named attorney as referee (Stipulation shall provide for payment of fees of referee.).
(c) A referee to supervise disclosure shall have all the powers of the court under this article, EXCEPT:
- power to ___________ himself of his duties
- power to appoint a ____________
- power to adjudge any person guilty of ____________
Relieve …….successor………..contempt
3104 Supervision of disclosure
(d) Party or witness may move for court review of referee’s order within ___________ after referee’s order is made.
5 days
3104 Supervision of disclosure
(e) Except where JHO is referee, court shall make appropriate order for payment of expenses of referee.
XX
3105 Notice to party in default
Party in default of appearance is not entitled to ________ or service of any copy required in this article.
notice
