State Court Discovery - Interrogatories - New York

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF [COUNTY]

Index No.: [INDEX NUMBER]

PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT

TABLE OF CONTENTS

I. Document Header & Preliminary Statement
II. Definitions
III. General Instructions (Operative Provisions)
IV. Specific Interrogatories
V. Verification & Execution Block

I. DOCUMENT HEADER & PRELIMINARY STATEMENT

1. Effective Date. These Interrogatories are deemed served on [DATE] (the “Effective Date”).
2. Governing Law and Orders. These discovery demands must be conformed to CPLR Article 31, the current rules governing the assigned court and part, and every case-management or discovery order in this action.
3. Method Gate. Under CPLR 3130(1), in an action seeking damages for personal injury, injury to property, or wrongful death based solely on negligence, do not serve interrogatories and take a deposition of the same party without leave of court. Record the selected discovery method or leave order here: [________________________________].
4. Scope and Tailoring Record. Identify the claims, defenses, pleaded issues, court orders, prior discovery, burden limits, confidentiality constraints, and purpose supporting each retained question: [________________________________].

II. DEFINITIONS

For purposes of these Interrogatories, the following terms have the meanings set forth below. Defined terms appear in bold italics when first used.

1. “You” / “Your” means Defendant [DEFENDANT NAME], together with all present or former directors, officers, employees, agents, attorneys, representatives, and any other Person acting or purporting to act on Defendant’s behalf.
2. “Person” means any natural person, partnership, corporation, limited liability company, trust, estate, association, or other legal or governmental entity.
3. “Document” is defined to be co-extensive with CPLR 3120 and includes all writings, electronically stored information (“ESI”), photographs, recordings, and tangible things—whether draft or final—regardless of form or location.

4. “Identify” means:
   a. For a natural person: provide full name, present or last known address, telephone number, and current employer or affiliation.
   b. For an entity: provide full legal name, jurisdiction of formation, principal place of business, and a contact individual.
   c. For a Document: state title, date, author(s), recipient(s), general subject matter, and present custodian.

5. “Communication” means any oral, written, or electronic transmission of information, including letters, emails, text messages, chats, voicemails, meetings, and telephone calls.

6. “Accident/Occurrence” means the events alleged in the pleadings giving rise to this action.

III. GENERAL INSTRUCTIONS (OPERATIVE PROVISIONS)

A. Response Deadline. Pursuant to CPLR 3133(a), Your written answers and any objections must be served within twenty (20) days after service of these Interrogatories, unless the parties stipulate to, or the Court orders, a different period.

B. Form of Answers.

1. Under CPLR 3133(b), an individual party answers in writing under oath. A corporation, partnership, or sole proprietorship answers through an officer, director, member, agent, or employee having the information.
2. Answer each question separately and fully, with each answer preceded by the question to which it responds.

C. Objections.

1. CPLR 3133(a) requires the reasons for an objection to be stated with reasonable particularity.
2. Counsel shall review each objection, any partial response, and any request for a protective order under the current rules and orders applicable to this action.

D. Privilege & Work-Product.

1. Identify the privilege, immunity, or protection asserted and the current authority and order governing the response.
2. Do not automatically import CPLR 3122(b)'s document-production notice into an interrogatory response. Counsel shall determine whether a log, description, application, or other procedure is required for the particular withheld information.

Supplementation control. Apply only the duty supplied by the current governing rule, order, or agreement: [CITATION / TERMS / NONE IDENTIFIED]. Do not label these interrogatories “continuing” or demand supplementation beyond that authority.

F. Electronically Stored Information. Tailor any ESI question to the assigned court or part, applicable orders, proportionality and burden record, relevant custodians and systems, date range, accessibility, preservation status, and the discovery method actually selected. Do not apply Commercial Division guidance unless the case is assigned there and the guidance applies.

G. Question Review Gate. Delete any question that is duplicative, not tied to a pleaded issue, better directed through another disclosure device, inconsistent with a court order, or not supported by the completed tailoring record.

IV. SPECIFIC INTERROGATORIES

Answer each Interrogatory fully, inserting “None” or “N/A” where appropriate. The term “identify” shall be construed in accordance with Section II above.

1. Identify all Persons known to You who witnessed or have knowledge of the Accident/Occurrence.
2. Identify all Persons You expect to call as witnesses at trial, specifying the subject matter of their expected testimony.
3. For each category of damages claimed in Your pleadings, state the total amount claimed and describe in detail the method of computation, including all supporting Documents.
4. Identify and describe any insurance agreement under which an insurance business may be liable to satisfy all or part of a judgment in this action or to indemnify or reimburse payments made to satisfy the judgment.
5. Identify each Document and ESI item that relates to the claims or defenses asserted by any party, including the present custodian and location of each.
6. Identify all Communications between You and any Person concerning the Accident/Occurrence, including the date, participants, and a summary of each Communication.
7. Identify any photographs, videos, or audio recordings depicting the Accident/Occurrence or the scene thereof.
8. Identify all repairs, alterations, or modifications made to the subject property or instrumentality after the Accident/Occurrence, stating the date, nature, and purpose of each.
9. Identify all governmental investigations, citations, or reports relating to the Accident/Occurrence.
10. State whether You contend any third party is wholly or partially responsible for Plaintiff’s alleged damages, and, if so, identify such third party and describe the factual basis for Your contention.

V. VERIFICATION & EXECUTION BLOCK

Response-verification control

The propounding paper does not prescribe a verification method. Before answers are served, enter the current rule or order, authorized signer, oath or declaration text, and any jurat requirement: [DETAILS]. Delete unused oath, declaration, and notary options.

B. Propounding Counsel Record

Attorney: [ATTORNEY NAME]

Firm: [LAW FIRM NAME]

Address: [ADDRESS]

Phone and email: [PHONE] | [EMAIL]

Counsel for: [PLAINTIFF / OTHER PARTY]

Signature and service requirements verified against the assigned court, part, filing method, and current orders: [________________________________]