CPLR: Disclosure

Question 1

General rules

Answer 1

all matters that are material to any part of a case are discoverable unless expressly precluded

Question 2

exempt from disclosure are

Answer 2

matters that are:
privileged; compiled for law enforcement purposes; attorney work product; or material prepared in anticipation of litigation (but a party with substantial need may be able to obain)

Question 3

Requests for Admissions

Answer 3

a party may serve upon another party a request for admission of a fact about which the moving party reasonably believes there is no substantial dispute.

Question 4

Depositions

Answer 4

once an action has commenced, any party may take the deposition of any other party (a 20-day, written notice is required)

Question 5

Use of Depositions

Answer 5

a party may use a witness’s depo for the purpose of impeachment; the depo of any person may be used against any party who was represented or present at the time of the deposition was take if the witness is now unavailable.

Question 6

Interrogatories

Answer 6

any party to an action may serve; these are essential written depositions

Question 7

Bill of particular

Answer 7

any party may serve; these are requests for more detailed complaints

Question 8

both an interrogatory and a bill of particular cannot be served on the same party unless

Answer 8

in the case of

(1) matrimonial actions; or
(2) personal injury, wrongful death, property damage actions brought solely on a claim of negligence