Determine which interrogatories are objectionable.Specify the particular sub-sections (s) of New York State Insurance Law 5102 (d) upon which plaintiff will claim that he/she has sustained a serious injury. We’ll discuss later in this column what you need to do when an interrogatory is burdensome or vague. The nature, extent and location of each and every injury alleged to have been sustained by the plaintiff, and which of the injuries, if any, are claimed to be permanent. Determine which interrogatories seek information that’s burdensome or vague.You’ll need your client to help you respond. Give your client a copy of the interrogatories.As discussed in the last issue of the Legal Writer, you have 20 days to respond. Here’s a step-by-step guide to responding to interrogatories: An excerpt:Īfter you’ve been served with interrogatories,you must respond. Entitled Drafting New York Civil-Litigation Documents: Part XII - Responding to Interrogatories, it's available at 84 New York State Bar Journal 1 (January 2012) and on SSRN here. This article will focus on interrogatories in New York state courts.Īnd here's a follow-up article offering advice on answering those interrogatories. Unless the parties stipulate to more interrogatories or a court permits that to happen, each party is limited to 25 interrogatories in federal court. In federal court, interrogatories are available to all parties in all actions. Bills of particulars don’t exist under the federal rules. In federal court, practitioners use interrogatories. The other party -the responding party - responds to, or answers, the interrogatories under oath and sends the responses to the proponent, the inquiring party. You may probe any relevant, unprivileged subject in your interrogatories. Interrogatories are written questions that one party draws up and serves on another party. Interrogatories are meant to elicit evidence for trial. Bills of particulars are meant to amplify the pleadings, limit the issues in a case, and prevent surprise. Also, interrogatories, unlike bills of particulars, can seek facts and evidence on the issues that the proponent and the responding party have the burden of proving at trial. Unlike bills of particulars, interrogatories aren’t part of the pleadings they don’t bind the party to the claims the party is seeking. Interrogatories are different from bills of particulars. Similar to bills of particulars, interrogatories elicit detailed information about a case. In the last issue, discussed the bill of particulars.The focus in this issue is on interrogatories. The first one, Drafting New York Civil-Litigation Documents: Part XI - Interrogatories, is available at 83 New York State Bar Journal 9 (November/December 2011) and here on SSRN.
NEW YORK BILL OF PARTICULARS SERIES
Colabello, 58 N.Y.From a series of practice tips published in New York State Bar Journal by New York criminal judge Gerald Lebovits, who is also an adjunct law professor at Columbia, Fordham and St.
Third, the plaintiff in Pearce did not file the supplemental bill until after jury selection had been aborted and adjournments granted. Second, in Pearce the bill sought custodial care from the date of injury "to the present." 152 A.D.2d at 554, 543 N.Y.S.2d at 158. 2d 157, 158 (1989).įirst, it is impossible to discern from the published opinion in Pearce the precise factual basis of the action or what facts justified the request for custodial care. In Pearce, which involved the later submission of a bill of particulars with a special damage claim for custodial care, the court held that because "plaintiff was not merely updating allegations of special damages previously asserted but was rather adding a wholly new category of special damages, leave to serve the disputed bill was necessary." Pearce v. This involves the interpretation of the language of the rule, particularly the meaning of the phrase "new cause of action or new injury."
The applicable standard of review depends on whether a plaintiff was supplementing the bill of particulars to set forth "continuing special damages and disabilities" or whether the supplement was actually an amendment, setting forth a "new cause of action. Supplemental bill of particulars Leave to amend claim Continuing special damagesġ52 A.D. Issue: Under New York law, how is it determined whether a supplemental bill of particulars sets forth continuing damages of an old claim or raises a new injury or claim, requiring leave of court to amend? Area of Law:
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