Legal Question in Business Law in New York

Directing Disclosure of Materials Prepared for Litigation & Depositions

What do I need to file with the court to get defendants to disclose documents that I need. I cannot determine per CPLR 3120, whether I need to make a motion? whether I simply need to file my affadavit? or whether I must do both? Do I just need to give defendants notice that i want these documents? Do I need to file seperate documents to get defendant to be deposed?


Asked on 9/10/03, 1:24 am

2 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Directing Disclosure of Materials Prepared for Litigation & Depositions

You do not need to make a motion, at least not initially you must file a notice of Discovery and Inspection with a list of items relvant otthe litigation that you are seeking. However you may eventually need a motion to compel discovery if the adversary does not comply.

A demand for a Deposition is a separate demand but may be served together with your demand for D&I

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 9/10/03, 10:35 am
Michael Markowitz Michael A. Markowitz, PC

Re: Directing Disclosure of Materials Prepared for Litigation & Depositions

You have to serve a demand.

I would go to your local law school or law library located at the Courthouse and obtain the form.

Mike.

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Answered on 9/10/03, 8:17 am


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