State Court Discovery - Interrogatories

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF [COUNTY]

[PLAINTIFF NAME],
Plaintiff,

– against –

[DEFENDANT NAME],
Defendant.

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 & Forum. These discovery demands are governed by Article 31 of the New York Civil Practice Law and Rules (“CPLR”) and the Uniform Rules for the New York State Trial Courts (22 N.Y.C.R.R. §§ 202.1 et seq.).
3. Purpose. Pursuant to CPLR 3130–3133, Plaintiff propounds the following Interrogatories, which are limited to the categories expressly permitted without leave of court under CPLR 3130(1)(i)–(vi), unless otherwise stipulated or ordered.
4. Reservation of Rights. Plaintiff reserves all rights to serve additional discovery upon stipulation or further order of the Court.

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. Each Interrogatory must be answered separately and fully, in writing, under oath, and signed by the party or, if the party is an entity, by an officer, director, or managing agent with knowledge (CPLR 3133(b)).
2. The answering document shall restate each Interrogatory immediately preceding the corresponding answer.

C. Objections.

1. State with specificity the grounds for any objection. General or boilerplate objections are disfavored and may be deemed waived.
2. If an Interrogatory is objected to in part, answer the unobjectionable portion.

D. Privilege & Work-Product.

1. If information is withheld on a claim of privilege, immunity, or protection, contemporaneously serve a privilege log that complies with CPLR 3122(b) and identifies each withheld item with sufficient specificity to allow evaluation of the claim.
2. The withholding of privileged matter must not be used to conceal non-privileged facts.

E. Continuing Duty to Supplement. Under CPLR 3101(h), You must promptly amend or supplement any answer if You obtain information that renders a prior answer incomplete or inaccurate.

F. Electronically Stored Information. To the extent responsive ESI exists, identify its custodians, formats, and preservation status. Parties are expected to confer in good faith regarding ESI search parameters and production format (22 N.Y.C.R.R. § 202.70, App. A, Guideline 2).

G. Scope Limitations. These Interrogatories are confined to:

1. The identity and location of witnesses having knowledge of relevant facts;
2. The identity, custodians, and condition of relevant Documents and ESI;
3. Computation of each category of damages claimed;
4. Existence and contents of insurance agreements;
5. The facts and circumstances of the Accident/Occurrence; and
6. Any additional subject matter permitted by written stipulation or court order.

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

A. Party Verification (CPLR 3133(b))

STATE OF ___________ )
COUNTY OF __________ ) ss.:

I, [AUTHORIZED PERSON’S NAME], being duly sworn, depose and say:
1. I am [title/position] of [DEFENDANT NAME] and am authorized to answer these Interrogatories on its behalf.
2. I have read the foregoing Answers to Plaintiff’s First Set of Interrogatories and certify that the Answers are true to the best of my knowledge, information, and belief.

________________________________
[AUTHORIZED PERSON’S NAME]

Sworn to before me this ___ day of __________, 20__

________________________________
Notary Public

B. Attorney Certification

Pursuant to 22 N.Y.C.R.R. § 130-1.1-a, the undersigned certifies that, to the best of her knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the foregoing Interrogatories are not frivolous.

[ATTORNEY NAME]  
[LAW FIRM NAME]  
[ADDRESS]  
[PHONE] | [EMAIL]  
Counsel for Plaintiff